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1994-09-20
r, • CITY OF OKEECHOBEE FINAL BUDGET HEARING & REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call meeting to order on September 20, 1994, at 7:00 p.m. B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: Attorney John R. Cook Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk opened the regular City Council meeting to order on September 20, 1994, at 7:00 p.m. The invocation was offered by Reverend Ken McDuffie; Pledge of Allegiance was led by Mayor Kirk. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present D. Motion to dispense with the reading and approve the Summary of Councilmember Entry made a motion to dispense with reading and approve the Council Action for the regular meeting of September 6, 1994. III Summary of Council Action for the Regular Meeting of September 6, 1994; seconded by Councilmember O'Connor. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. PAGE 1 OF 16 ,i 5 419 _. Motion to approve Warrant Registers for August 1994. F. General Fund ....... $213,115.21 Public Utilities ...... $401,884.06 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 2 OF 16 Councilmember Watford moved to approve the Warrant Registers for August, 1994 in the amounts General Fund two hundred thirteen thousand, one hundred fifteen dollars, twenty-one cents ($213,115.21) and Public Utilities four hundred one thousand, eight hundred eighty-four dollars, six cents ($401,884.06); seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL III Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of OF ITEMS ON TODAY'S AGENDA. items on today's agenda. There were none. OPEN PUBLIC HEARING FOR THE FINAL READING OF THE Mayor Kirk opened the public hearing at 7:06 p.m. BUDGET ORDINANCES 1. Mayor announces that the purpose of this public hearing is Mayor Kirk announced that the purpose of this public hearing is to consider the final to consider the final reading of ordinances for the proposed reading of ordinances for the proposed millage rate levy and proposed budget to fiscal millage rate levy and proposed budget to fiscal year 1994-95. year 1994-95. 2. Mayor announces that the proposed millage rate levy Mayor Kirk announced that the proposed millage rate levy represents 3.13 percent over represents 3.13% over the roll -back rate computed pursuant the roll -back rate computed pursuant to Florida Statute Section 200.065.(1). to Florida Statute Section 200.065.(1). 3. Mayor asks for comments or questions from public. Mayor asked for any comments or questions from the public. There were none. 4. a. A motion to read by title only Ordinance 673 levying a Councilmember Watford moved to read by title only, (proposed) Ordinance No. 673 millage rate for the General Fund Budget and Debt Service - levying a millage rate for the General Fund Budget and Debt Service; seconded by City Attorney (E-1). 11 Councilmember Walker. X X X X X 420 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 3 OF 16 F. PUBLIC HEARING FOR FINAL READING OF THE BUDGET ORDINANCES 4. a. Read by title only, Ordinance 673 continued: III Vote on motion to read by title only is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 673 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 4.94 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY: THAT 4.94 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES AND .17, PER THOUSAND DOLLAR VALUATION INCLUDING HOMESTEAD, SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENERAL OBLIGATION BONDS: THAT SAID MILLAGE RATE IS 3.13% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065(1); PROVIDING AN EFFECTIVE DATE." 4. b. A motion to adopt Ordinance 673 levying a millage rate Councilmember Entry moved to adopt (proposed) Ordinance No. 673 levying a millage for the General Fund Budget and Debt Service. rate for the General Fund Budget and Debt Service; seconded by Councilmem ber O'Connor. Mayor Kirk asked if there were any comments or question from the public. There were none. He then asked if there were any comments or questions from the Council, there were none. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 21 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 4 OF 16 F. PUBLIC HEARING FOR THE FINAL READING OF THE BUDGET ORDINANCE 5. a. A motion to read by title only, Ordinance 674 establishing Councilmember O'Connor moved to read by title only, (proposed) Ordinance No. 674 the revenues and expenditures for the General Fund Budget establishing the revenues and expenditures for the General Fund Budget; seconded by - City Attorney (E-2). I Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 674 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1994 AND ENDING SEPTEMBER 30,1995; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $2,410,260. AND EXPENDITURES OF $2,410,260.; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,633,565., AND EXPENDITURES OF $1,229,750., LEAVING A FUND BALANCE OF $403,815.; DEBT SERVICE REVENUES OF $255,104. AND EXPENDITURES OF $240,134. LEAVING A FUND BALANCE OF $14,970.; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $2,253. AND EXPENDITURES OF $-0-, LEAVING A FUND BALANCE OF $2,253.; CDBG GRANT REVENUES OF $575,000. AND EXPENDITURES OF $575,000., LEAVING A FUND BALANCE OF $-0-; PROVIDING AN EFFECTIVE DATE." 5. b. A motion to adopt Ordinance 674 establishing the Councilmember O'Connor moved to adopt (proposed) Ordinance No. 674 establishing revenues and expenditures for the General Fund Budget. the revenues and expenditures for the General Fund Budget; seconded by Councilmember Entry. Mayor Kirk asked if there were any comments or questions from the public. There were none. X X X X X 422 F. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES 5. b. Adoption of Ordinance 674 continued: SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 5 OF 16 Mayor Kirk asked for any comments or questions from the Council. Council picked up their discussion from the first public hearing concerning the motion to amend proposed Ordinance No. 674 to transfer an additional $10,000. from the Public Facilities Improvement Fund to the Public Works budget and then transferring $10,000. to be set aside for a one time payment to the General Employee's Pension Fund. Attorney Cook was to research if this transfer was legal. Attorney Cook reported that the transfer is legal because the Public Works "Supplies and Other Services" budget is comprised of $310,000. from the Public Facilities Improvement Fund (which can only be used for transportation related expenses) and $84,950. from the General Fund. This transfer would then make that budget be comprised of $320,000. from the Public Facilities Improvement Fund and $74,950. from the General Fund. Which then allows $10,000. of "new money" to be in the General Fund that can be "earmarked" for the General Employee's Pension Fund if the Council approves it. Councilmember Watford moved to amend proposed Ordinance No. 674 to transfer $10,000. from 549 Public Facilities Improvement Fund and decrease by $10.000 the other revenue sources funding to the Public Works Budget: seconded by Council - member Walker. Councilmember O'Connor asked for clarification, before the money is actually transferred to the General Employee's Pension Fund, an ordinance will have to come before the Council for approval setting out the amount and other details? Attorney Cook responded that was correct. 423 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 6 OF 16 F. PUBLIC HEARING FOR THE FINAL READING OF THE BUDGET ORDINANCES 5. b. Adoption of Ordinance 674 continued: III vote on motion to amend Ordinance No. 674 is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Vote on motion to adopt Ordinance No. 674 as amended is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 6. a. A motion to read by title only, Ordinance 675 establishing Councilmember Watford moved to read by title only, (proposed) Ordinance No. 675 the revenues and expenditures for the Public Utilities Budget establishing the revenues and expenditures for the Public Utilities Budget; seconded by - City Attorney (E-3). III Councilmember Walker. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X X X rA 424 F. PUBLIC HEARING FOR THE FINAL READING OF THE BUDGET ORDINANCES 6. a. Read Ordinance 675 by title only continued: SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 7 OF 16 Attorney Cook read proposed Ordinance No. 675 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1994 AND ENDING SEPTEMBER 30,1995; WHICH BUDGET SETS FORTH PUBLIC UTILITIES REVENUES OF $12,434,184. AND EXPENDITURES OF $8,080,353., LEAVING A FUND BALANCE OF $4,353,831.; PROVIDING AN EFFECTIVE DATE." 6. b. A motion to adopt Ordinance 675 establishing the 11 Councilmember Entry moved to adopt (proposed) Ordinance No. 675 establishing the revenues and expenditures for the Public Utilities Budget. revenues and expenditures for the Public Utilities Budget; seconded by Councilmember Watford. Mayor Kirk asked if there were any comments or questions from the public. There were none. Mayor Kirk asked if there were any comments or question from the Council. Councilmember Watford requested a chart of organization for the realignment of the employee's before it goes into effect. Mayor Kirk instructed Public Utilities Director Jones to provide the information as requested. Vote on motion to adopt proposed Ordinance No. 675 is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING III Mayor Kirk closed the public hearing at 7:41 p.m. X X X X X 25 G. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 8 OF 16 Mayor Kirk opened the public hearing at 7:41 p.m. 1. a. Motion to read by title only Ordinance 671 - City Attorney Councilmember Walker moved to read by title only, (proposed) Ordinance No. 671 (E-4). (closing the alley in Block 4 of Price Addition and closing Northeast 2nd Street between Northeast 12th Avenue and 13th Avenue as requested in Application No. 43 by Charles Farmer and James Crowe); seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 671 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY AND STREET AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OKEECHOBEE COUNTY, FLORIDA; DESCRIBED AS THAT ALLEY IN BLOCK 4, AND THAT STREET NORTHEAST 2ND STREET IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY; CLOSING SAID ALLEY BETWEEN LOTS 1-6 AND 7-12; AND CLOSING SAID STREET BETWEEN NORTHEAST 12TH AVENUE AND 13TH AVENUE; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE." Councilmember Entry moved to adopt (proposed) Ordinance No. 671 (closing the alley 1. b. Motion to adopt Ordinance 671. in Block 4 of Price Addition and closing Northeast 2nd Street between Northeast 12th Avenue and 13th Avenue as requested in Application No. 43 by Charles Farmer and James Crowe); seconded by Councilmember Watford. Mayor Kirk asked if there were any comments or questions from the public. There were c. Public Comment. none. Mayor Kirk asked if there were any comments or questions from the Council. Councilmember Watford stated his concerns for closing the street because it would be creating a dead-end. 426 G. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. d. Vote on motion. CLOSE PUBLIC HEARING H. NEW BUSINESS SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 9 OF 16 Vote on motion to adopt proposed Ordinance No. 671 is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7:58 p.m. 1. Proclaim September 1994 as Healthy Kids Month - Mayor Mayor Kirk proclaimed September, 1994 as Healthy Kids Month by reading Kirk. 11 Proclamation No. 94-P-3 in it's entirety and presenting it to Mr. James Denefield, Director of Marketing for Florida Healthy Kids Corporation, Tallahassee, Florida: "WHEREAS, recent studies indicate that 700,00 of Florida's school children are uninsured, and that a lack of insurance coverage translates directly to a lack of health care; and WHEREAS, the Florida Healthy Kids Act was passed by the 1990 Legislature as a means of providing all children with access to affordable health insurance and preventative health care; and WHEREAS, Okeechobee County has been selected as a site for the Healthy Kids Program; and WHEREAS, the first open enrollment in the Healthy Kids insurance program will begin during the fall of 1994 in Okeechobee County Schools. NOW, THEREFORE, LET IT BE RESOLVED, that 1, James E. Kirk, Mayor of the City of Okeechobee, hereby declare the month of September, 1994 as HEALTHY KIDS MONTH in Okeechobee County and encourages all citizens to join in recognizing this very worthwhile endeavor." X 427 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 10 OF 16 H. NEW BUSINESS 2. Motion to appoint Dainae Venables as a regular Executive III Councilmember Entry moved to appoint Dainae Venables as a regular executive Secretary - City Administrator. secretary; seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 3. Motion to appoint Michael Turberville as a regular Water III Councilmember Entry moved to appoint Michael Turberville as a regular Water Treatment Plant Operator - Director of public Utilities. Treatment Plant Operator; seconded by Councilmember Walker. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 4. Discuss extension of Beach Water Contract - Mayor Kirk (E- Council and staff discussed at length with Attorney Mike Minton (representing the 5)• 11 Okeechobee Utility Authority) proposals to extend the sale of water to Okeechobee Beach Water Association after their contract expires on September 30, 1994. Councilmember Watford moved to extend service to Okeechobee Beach Water Association after September 30, 1994 and use the rates as set out in Resolution No 89-5, month to month until a formal agreement with the gallons per day set out is presented: seconded by Councilmember O'Connor. X X X X X X X X X X • H. NEW BUSINESS 4. Discuss extension of Beach Water Contract continued SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 11 OF 16 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 5. Motion to approve a partial pay request to Better Roads in Councilmember Watford moved to approve partial pay request number two to Better the amount of $22,267.80 - Director off Public Works (E-6). Roads in the amount of twenty-two thousand, two hundred sixty-seven dollars, eighty cents ($22,267.80) (for the'94 Road Improvements as recommended by Lawson, Noble and Associates); seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 6. Motion to award a chemical bid for Sodium Hydroxide to Councilmember Walker moved to award a chemical bid for Sodium Hydroxide to Jones Jones Chemical Co. in the amount of $42,000. - Director of Chemical Co. in the amount of forty-two thousand dollars ($42,000.); seconded by Public Utilities (E-7). Councilmember Watford. Public Utilities Director Jones explained to the Council this bid was a joint effort with the City of Fort Pierce and allowed a better price. Councilmember Watford stressed the importance of making sure local businesses in Okeechobee receive bid packages when bids are sent out with other entities. X X X X X X X X X X 429 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 12 OF 16 H. NEW BUSINESS 6. Motion to award a chemical bid for Sodium Hydroxide to III Vote on motion is as follows: Jones Chemical Co. in the amount of $42,000. continued: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 7. Motion to award the construction of three lift stations to Councilmember O'Connor moved to award the construction of three lift stations to CenState Contractors, Inc. in the amount of $414,438.25 - CenState Contractors, Inc. in the amount of four hundred, fourteen thousand, four Director of Public Utilities (E-8). hundred thirty-eight dollars, twenty-five cents ($414,438.25); seconded by Council - member Watford. The three wastewater lift stations to be constructed are located at Big Lake National Bank, Wolff Road, and the old wastewater treatment plant. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 8. Motion to approve a line clearing and T.V. inspection Councilmember Watford moved to approve a line clearing and T.V. inspection contract contract to Sewer Viewer, Inc. in the amount of $12,000. - to Sewer Viewer, Inc. in the amount of twelve thousand dollars ($12,000.00); seconded Director of Public Utilities (E-9). 11 by Councilmem hers Walker and O'Connor. Public Utilities Director Jones explained the lines to be cleaned and inspected are in the downtown area, this will also help update and make accurate, the current wastewater line maps. X X X X X X X X X X 430 H. NEW BUSINESS 8. Motion to approve a line contract to Sewer Viewer, continued: SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 13 OF 16 clearing and T.V. inspection Vote on motion is as follows: Inc. in the amount of $12,000. 111 KIRK ENTRY O'CON NOR WALKER WATFORD MOTION CARRIED. 9. Motion to approve a contract in the amount of $575,000.00 Councilmember O'Connor moved to approve a contract in the amount of five hundred between the Department of Community Affairs and the City seventy-five thousand dollars ($575,000.00) between the Department of Community for a Community Development Block Grant -City Administra- Affairs and the City for a Community Development Block Grant; seconded by for (E-10). Councilmember Walker. This grant is for the Downtown Revitalization Project that will address parking, painting, code violations and landscaping of businesses located on North and South Park Streets. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 10. Motion to approve a contract in the amount of $40,250.00 Councilmember O'Connor moved to approve a contract in the amount of forty thousand, between Fred Fox Enterprises, Inc. and the City - City two hundred fifty dollars ($40,250.00) between Fred Fox Enterprises, Inc. and the City; Administrator (E-11). seconded by Councilmember Walker. This contract is for the administration of the grant as approved in item nine; also local citizens will have an opportunity to look at any architectural renderings and afterwards Administrator Drago will present the plans to Council for their approval. X X X X X X X X X X 31 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 14 OF 16 H. NEW BUSINESS 10. Motion to approve a contract in the amount of $40,250.00 Vote on motion to approve Fred Fox Enterprises contract is as follows: between Fred Fox Enterprises, Inc. and the City continued: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 11. a. Motion to read by title only, and set October 18, 1994 as Councilmember Entry moved to read by title only and set October 18, 1994 as the the Public Hearing date, Ordinance 676 - City Attorney (E- public hearing date, (proposed) Ordinance No. 676 (closing the alley in Block 207, First 12). Addition to City of Okeechobee, per Application No. 45 by Gilbert Culbreth Investments, Inc.); seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 676 by title only as follows: "AN ORDINANCE CLOSING, VACATING AN ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 207, FIRST ADDITION TO CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE." 11. b. Motion to approve the first reading of Ordinance 676. Councilmember Walker moved to approve the first reading of (proposed) Ordinance No. 676 (closing the alley in Block 207, First Addition to City of Okeechobee); seconded by Councilmember Watford. X X X X X X X X X X 432 SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 15 OF 16 H. NEW BUSINESS 11. b. Motion to approve first reading of Ordinance 676 III Vote on motion to approve the reading of proposed Ordinance No. 676 is as follows: continued: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 12. Discuss the purchase of a new trencher and piercing tool - Public Utilities Director Jones is requesting to purchase a new Ditch Witch 3" Quick Director of Public Utilities (E-13). Reversing Pneumatic Piercing Tool with stepped head, 50' hose braided, O.R. oiler, tools, books, quart of oil and a New Ditch Witch 1020 Trencher with 18x8.50x8 hi flo tires hydrostatic ground drive, hydraulic oom lift, 24' large tail foller boom, 33,000 lb. frost chain, trench cleaner. The two pieces of equipment will cost $11,477.30 (lowest quote). Director Jones is also requesting to trade-in the City's Ditch Witch 4010 trencher with a 410 digging attachment, 48" std. bbm, frost chain, 140 backhoe, a value of $6,477.30. Following discussion, Councilmember Watford moved to purchase the ditch witch piercing tool and trencher as listed in proposal and authorize the trade-in of the City's 4010 trencher for a total due of $5 000 00• seconded by Councilmember O'Connor. Councilmember Watford stated these are only quotes and not bids therefore he would not be in favor of this because it is supplanting the bid process. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. ri 33 H. NEW BUSINESS 13. Discuss the Humane Society litigation - City Attorney ADJOURNMENT - Mayor Kirk. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISIONS MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EV NCE PON WHICH THE APPFAI IC RACFn t James E. Kirk Mayor ATTEST: Bonnie S. Thomas, CMC - City Clerk SEPTEMBER 20, 1994 - REGULAR MEETING - PAGE 16 OF 16 Attorney Cook advised the Council of litigation between the County and the Humane Society. The Society filed two lawsuits against the County. The first suit was won by the County, a judge ruled the County can evict the Society. The Society appealed the decision and the appeals court ruled the County can evict the Society. There is still the suit of if the Society is entitled to money for improvements made to the county property. Attorney Cook asked the Council if they would agree to authorize him to inform the court the City has a interest to be considered should the County decide to evict the Society and we are only asking the judge to have this information in mind when and if he gives a ruling, if the County does decide to evict the Society. The City is in no way getting involved in the lawsuit, nor are they taking sides. Council agreed for Attorney Cook to so advise the court the City will be affected by a ruling to evict the Society. Councilmember Watford stressed the importance of somehow communicating to the County Commissioners that the City is not taking sides. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:08 p.m. 7 skI 0 aen �µ fu�� •©� KIRK ENTRY O'CONNO WALKER WATFORI n/a n/a CARRIED) / DENIED �a. WAIF RD ✓ •• IS / DENIED � (/ _" l 'l jA i� �/ U),5!L Od AN ORDINANCE LEVYING A MILLAGE RATE WIiICH RATE IS SET N� _ ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 4.94 P R — — —----- a THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED N HOMESTEAD PROPERTY: THAT 4.94 PER THOUSAND DO L R VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES D .17, PER THOUSAND DOLLAR VALUATION INCLUDING IIOMESTE SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENE V •17 OBLIGATION BONDS: THAT SAID MILLAGE RATE IS 3.13% MO .11 THAN THE ROLL —BACK RATE COMPUTED IN ACCORDANCE WI H k F.S.200.065 (1); PROVIDING AN EFFECTIVE DATE: 4 lk KIRI n/a ... ; ENTRY O'CONN R WALKER _. WATFO D DENIED W, 7 I� y C� ••ii t� lac c (o7q laq U.- L t4olo*lt__o I KIRK n/a n/a ENTRY O'CONNO ►� WALKER WATFOR / Y CARRIED / DENIED L�thJLLOU-5 _ AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF', OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNINGi OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; WHICH BUDGET GENERAL E $2 41026 PUBLIC FUND REVENUES $ ANDEXPENDITURES OF FACILITIES, IMPROVEMENT FUND REVENUES OF $1,633,565., AND - - - EXPENDITURES OF $1,229,750., LEAVING A FUND BALANCE OF, $403 815. DEBT SERVICE REVENUES OF $255 104. AND! - EXPENDITURES OF $240,134.-LEAVING A FUND BALANCE OF $14,970.; LAW ENFORCEMENT SPECIAL FUND REVENUES OF -- $2,253. AND EXPENDITURES OF $-0- LEAVING A FUND BALANCE OF $2,253.; CDBG GRANT REVENUES OF $575,000. AND__ _ -- EXPENDITURES OF $575, 000. , LEAVING A FUND BALANCE OF $-0- � PROVIDING AN EFFECTIVE DATE. - C n/a n/a Y I I ✓ / DENIED � rJ 4+►�� Cd5 .,eb - 14L Lau AkA Adli U4, 4K z- f� i; Amct 6d & 6 kq kib #A& AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR TIIE CITY OF _ - _ - _ OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING _OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; WHICH BUDGET SETS FORTH PUBLIC UTILITIES REVENUES OF .$12,434,184. AND EXPENDITURES OF $8,080,353., LEAVING A _ FUND BALANCE OF $4,353,831, PROVIDING AN EFFECTIVE DATE, i I 1 .. --fit .tit -. . KIRK n/a n/a ENT Y O'CO NOR WAL ER WATF RD -✓ je I, RI / DENIED MEN MENNEN 11M MEN mmmmml isms mm,mmm 'I ! 1 ,au " as 6u- Lln A4q (p-i) KIR n/a n/a e ENTRY _ O'CON OR' IL WALKERHi Vtl� W ! { �y, L•L/w WATFO D "N rWti� CARRIE / DENIED AN ORDINANCE CLOSING, VACATING AND ABANDONING 'I'll ALL Y AND STREEN' AS RECORDED IN PLAT' BOOK 2, I'AG E 17, PUBLIC It � UItUS, OICEECIIUBEEP COUNTY, FLORIDA; DESCRIBED AS T'IIAT' ALLEY IN LOCK- --_ 4, AND TIIA'I' ST'RISI!;T' NOMWEAST' 2ND S'I'ItEE'l' IN BLOCK 4, 'PRICE. - ADDH ION TO OICEECIIOBEE CITY; CLOSING SAID ALLEY BET WEE LOTS 1-6 AND 7-12; AND CLOSING SAID ST'R E ETBET'WLEN NOR'ITIEAS' ' 12'I'II -AVENUE AND 13T'II AVENUE; ALL LOCATED WI'I'IIIN THE Cl' Y OF AND UIItLC'I'ING IIIL CITY CLERIC 'I'O RCCORI '1'IIE ORDINANCE IN TIII's PUBLIC RECORDS OFTHE CLLItK OF 'I'IIE CI tCUI'I' .- COUIt'I' IN AND FUlt OKEECHOBEE COUN'I`Y, FLORIDA; AND PRO IDING FOR AN EFI, EC'I'IVIs' DATE. I KIRK z. ENTRY------ - - - O' CONNOR ' t, _.._. ._ WALKER WATFORD a ,:; �. __ _ '� . ii ,..x...,_... _.._._ 4. W-UL&OP--k 4 .30 013A%- w---a` ,Ax,- 6� o- � if )q d-� wz�lldozl — �e f CL ray u 1� k0 � Aa -L 4 c3rj-7:1� 17� uwza-e*z4l� -� 0 /< w�C i Q ft a P� • ` ou ITT J?.tc_ 227•DSO , t 'v.:• .: .. r iY.�.v: riy:: 4 k .• I' KII K n/a n/a ENTI Y I _ j O'CON OR' WALK R rn • a� pu ryv.}:ti ••: • } t. • KIRK rvo ,� i Q JCO-c c� x ENTRY f -�rl,-e O . CONNOI WALKER WATFORD ' - t CARRIE# / DENIED Y\ _ n/a I n/a ED)/ DENIED / DENIED 11 Mo4-t6w 4iD aADi� OL &Ai a "- LSLWIX KIRK ENTRY O'CONN -416142 ox. -Ai cv pu 77i�ex �.�ael n/a n/a Y III�_`s,�. ,i ►,�a-�., 4c, doh, Owl to-7(n Uzi KIRI ENTR O' COM n/a I n/a 14 e.. F. �,AW �n� c�n�cr(cee,oa rta� wo "CA { CouncA I}fFendaneR- m4tal, 6m C:ounC� �rn.k� &)�f oowr)m wake),A t.Doqw o�endane� 11 �. U?I �,Q �,uc�►xa.rc� a�' CoccKeA.P ��ew 0 mo C '' Olt, ftt duig 4- 04)pove. 2ncf lam/ aa�.c�eS • aL LIU I. 't�1c►��c. °�i G.nnou. �G.� 4�.,. /�r�p0�.. � 4vuo wulQnCu- Oti kt. popoRd, IccU�#U �iGl"i�l ���- 4 2 i'ytiC�a�. �Yi Clnnvuud 0)0-1- S�� �t�lo,� rxckQc+ tap- 3 - eoPv �: �� , o� i � • Q-C. G,7-1 (in' a {�/X.c.k.Q4 �ab ksx_ 41 �Pn h�rr3'.8uc�� Lf ANC- &C6 glad co 673 {ay kw c9XG4 AN ORDINANCE LEVYING A MILLAGE RATE WHICIi RATE IS SET ON ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 4.94 PER THOUSAND DOLLAR VALUATION SHALL NOT; BE LEVIED ON HOMESTEAD PROPERTY: THAT 4.94 PER 'THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES AND .17, PER THOUSAND DOLLAR VALUATION INCLUDING HOMESTEAD, SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENERAL OBLIGATION BONDS: THAT SAID MILLAGE RATE IS 3.13% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S.200.O65 (1); PROVIDING AN EFFECTIVE DATE: ,b'' a. rnwcl -b 4dspl &d klonL kun w e kem- Co 13 ; 2t)d Off � ,� • 10,('t0 �5Q rno�ed. t� h.�a��c. Y�y -h�9.► 6dxt Lxd 674 2.6�b- .Q�.dhu�A y-U- loaf Cnu.oA, 4- �Jfr�Ol c�ud.dd �Oc �,fa � Qn JwcL 2); ,r ()r ad N es au� W-* VaLL W (.D-la '�i�yq AN ORDINANCE ADOPTING AN ANNUAL. BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $2,410,260. AND EXPENDITURES OF $2,410,260.; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,633,565., AND EXPENDITURES OF $1,229,750., LEAVING A FUND BALANCE OF $403,$15.; DEBT SERVICE REVENUES OF $255,104. AND EXPENDITURES OF $240,134. LEAVING A FUND BALANCE OF $14,970.; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $2,253. AND EXPENDITURES OF $-0- LEAVING A FUND BALANCE OF $2,253.; CDBG GRANT REVENUES OF $575,000. AND EXPENDITURES OF $575,000., LEAVING A FUND BALANCE OF $-0- PROVIDING AN EFFECTIVE DATE. k)c rno Sul -io �E`.�JF Cxd �p7 , 4 Air Coune�9 Q� e� �,s ca rocA Apo �SC 0�-C RoM N,,S 7-P o I h �o .- bk (tired QLDL* P��aDs� o-)t cw. cc �—�—�4 &17C Y—" rc)lmp - re c�cx�, R� Says �tu Cq don, %'o. NVI s To" VID JT,-t r"-15�D ( �-)rj Tka I ad �U +C)oil- a .�OQ • +a h.eQcA. aZR,.bhu:� yLLy- 6 4g� co w AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; WHICH BUDGET SETS FORTH PUBLIC UTILITIES REVENUES OF $12,434,184. AND EXPENDITURES OF $8,080,I53., LEAVING A 13 FUND BALANCE OF $4,353,831, PROVIDING AN EFFECTIVE DATE. lola e b�, rr�. 1� os�1c� dia Ql5, 2,d Vim{ C. ice; II i � I_ p�U-i = Calw_ S.s- Q-�Na� f q r ��, c�ua cue r� U 1.C. ma-n -p Lji.Le, - 7.�411 � . �A-) mov�ct � ate, ky J�U 2nd �-56 �/ a-LLcp 67/QD , AN ORDINANCE CLOSING, VACATING AND ABANDONING TIIE ALLEY AND STREET AS RECORDIsD IN PLAT ROOK 2, PAGE 17, PUBLIC RECORDS, OKEECIIOBEE COUNTY, FLORIDA; DESCRIBED AS TIIAT ALLEY IN BLOCK 4, AND THAT STREET NORTHEAST 2ND STREV'1' IN BLOCK 4, PRICI, ADDITION TO OKEIFCIIOBUE CITY; CLOSING SAID ALLEY 13E'I-WEEN LOTS 1-6 AND 7-12; AND CLOSING SAID STREE'I' BE'IiVEEN NORTHEAST 12TII AVENUE AND 13'1'11 AVENUE; ALL LOCATED 'WITHIN 'TILE CITY OIr OKEECHOBEE; AND DIRECTING THE CITY CLERIC 'I'O RECORD 'I'lIE ORDINANCE IN THE PUBLIC RECOItDS OIP 'I'IIE CLERIC OIF TIIE CIItCUI'l' COURT IN AND IFOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFIFECTIVE DATE. rno uca -h Gtd qo� &d 67/; 2Ad ky I'. C f ' i \w , (410-S / ?�)� - k)o 'UoY �cdic Nea.�uq ' 7 58 /ate, \Ib 4. 0 2 11 \1e> AeOT Fco Ab a. 4�fpv 5 60 ppPovi} "t llenoJaelb llleCuhlk SQCa2ltitt,� ; 2nd %q 0. bi�_ . mouta 4o apmii)i 1w W M 0 Znd ha e TuehavA o.A a �se� . vor a.¢C cj6a-,) I I N SCuss WemMx off' &ach uwx &xi&ci (e--,5). Hoye, UQrAu..& c�wa eAd.o 4Iwi4V ` i � Qx.t-" O-P cq,�'- II n 7� ror -u.Cc1 CC.dl.� fQ ►'l4-W �Rht)ce�.� BUA II0'1.� Ci�v�CQ SA!-�� Qvj-(�-- Oi3�A 94J� d� t�D`IJ C rnoud to a�,o9oWc. p*.4g pay�u f�Ouda $22,2080, e..bE UJOUX4 ►Jdr�U A Foie rCLLV-UZ &fbQA Cqu� f , e) 0 Cj.D t no4- #-o pLL4- L, , UL� -L�� LOIKL� Lox cam, cz rlllo'q uOL cidovu macs- , tew" Qtj�� 4-b sa.L Loz�v� q4-u- QoS' ak Lx+aLozou &+-to cam- %� ems, ca- elo sQ-5 ujMit'OU2.a,. u cjk-� -- Q-u-- 2Ih parnT PC" 00" �Cl • rnvuert +o awua a &dUAInNydrotWe ioC. Duo -MMID, 7. e•.= mvued 7�) � Cen SiAft 4iq 41 award CA , y36. 25, 4o axrove.,&i �r►Sper�►dn CoMruC� fi �Q.W� VI e. bA.0 0 3 144�khsks t U' talu,y � 7U er $14 ow. 0. JCO IQJ�� ► SQL � �� � �► `gyp , q4, e. fmveA -Iv appnove a btA w ejq - C666; mac $676,060 • CDC, 10. � C. L rnooca +o cppno". a Cs �►ua�o�C EnfZ er/�rises; noc b.� n. XW 4 2gg). Tf7 aa� � 4�lb I6 , lapel OS Wu aN &U. Qtd 67(a� .set toc+. e� yerE r Al N04 Wd Ord 676 ba Aito " 0 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 207, FIRST ADDITION TO CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECI OBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Q +lil_ mound fo *1040(x !lu 4w4 z�R 12. b�seuss 4� ,ac�cc�mse o�esl to j�W�cc9f�n„SA- d�� �,J tL,4 -bc i� rnT � 13. Di'se,�ss 4�u Rurviant &xLi4v .tga#iew. NS -4- Ct EI-S LCL �1�� � rn �UCLCL 4t off+ u&O olwcol xa.t� faoau-' - �-� 60 ct.� &a4 OF. D K'EFC ..0B CITY OF OKEECHOBEE CITY COUNCIL MEETING OFFICIAL AGENDA A. Call Meeting to order on September 20, 1994, at 7:00 p.m. • B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney Cook City Administrator Drago City Clerk Thomas • Deputy Clerk Gamiotea D. Motion to dispense with the reading and approve the Summary of Council Action for the regular meeting of September 6, 1994. E. Motion to approve warrant Registers for August 1994. General Fund $ 213,115.21 Public Utilities $ 401,884.06 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA F. OPEN PUBLIC HEARING FOR THE FINAL READING OF THE BUDGET ORDINANCES i 1. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget to fiscal year 1993-94. 2. Mayor announces that the proposed millage rate levy represents 3.13% over the roll back rate computed pursuant to Florida Statute Section 200.065(1). 3. Mayor asks for comments or questions from public 4. a. A motion to read by title only Ordinance 673 levying a millage rate for the General Fund Budget and Debt Service - City Attorney (E-1) b. A motion to adopt Ordinance 673 levying a millage rate for the General Fund Budget and Debt Service. 5. a. A motion to read by title only, Ordinance 674 establishing the revenues and expenditures for the General Fund Budget - City Attorney (E-2) b. A motion to adopt Ordinance 674 establishing the revenues and expenditures for tho %Gncral Gionrl Q,,Al ^i 6. a. A motion to read by title only, Ordinance 675 establishing the revenues and expenditures for the Public Utilities Budget - City Attorney (E-3) b. A motion to adopt Ordinance 675 establishing the revenues and expenditures for the public Utilities Budget. CLOSE PUBLIC HEARING G. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 10 1 • a. Motion to read by title only Ordinance 671 - City Attorney (E-4) b. Motion to adopt Ordinance 671 C. Public comment d. Vote on motion CLOSE PUBLIC HEARING NEW BUSINESS 1. Proclaim September 1994 as Healthy Kids Month - Mayor Kirk 2. Motion to appoint Dainae Venables as a regular Executive Secretary - City Administrator 3. Motion to appoint Michael Turberville as a regular Water Treatment Plant Operator Director of Public Utilities 4. Discuss extension of Beach Water Contract - Mayor Kirk (E-5) 5. Motion to approve a partial pay request to Better Roads in the amount of $22,267.80 Director of Public Works (E-6) 6. Motion to award a chemical bid for Sodium Hydroxide to Jones Chemical Co. in the amount of $42,000 Director of Public Utilities (E-7) 7. Motion to award the construction of three lift stations to CenState Contractors, Inc. in the amount of $414,438.25 - Director of Public Utilities (E-8) 40 8. Motion to approve a line clearing and T.V. inspection contract to Sewer Viewer, Inc. in the amount of $12,000 - Director of Public Utilities (E-9) 9. Motion to approve a contract in the amount of $575,000 between the Department of Community Affairs and the City for a Community Development Block Grant - City Administrator (E-10) 10. Motion to approve a contract in the amount of $40,250.00 between Fred Fox Enterprises, Inc. and the City - City Administrator (E-11) 11. a. Motion to read by title only, and set October 18, 1994 as the Public Hearing date, Ordinance 676 - City Attorney (E-12) b. Motion to approve the first reading of ordinance 676 • 12. Discuss the purchase of a new trencher and piercing tool - Director of Public Utilities (E-13) 13. Discuss the Humane Society litigation - City Attorney ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED AN ORDINANCE LE' ALL REAL AND PE THOUSAND DOLLA HOMESTEAD PROP] VALUATION SHALL .17, PER THOUSA SHALL BE USED 7 OBLIGATION BOND THAN THE ROLL- F.S.200.065 (1) NOW, THEREFORE, BE I OKEECHOBEE, FLORIDA YING A XXU6AQZ RATS WHICH RATE IS SET ON LSONAL PROPERTY, PROVIDING THAT1 j PER VALUATION SHALL NOT BE' LEVIED ON RTYt THAT 4.94 PER THOUSAND DOLLAR BE USED FOR GENERAL CITY PURPOSES AND fD DOLLAR VALUATION INCLUDING HOMESTEAD, PAY PRINCIPAL AND INTEREST ON GENERAL z THAT SAID MILLAGE RATE IS 3.13% MORE LACK RATE COMPUTED IN ACCORDANCE WITH PROVIDING AN EFFECTIVE DATEz RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLLOWS: Section 1: The Cit Council of the City of Okeechobee, Florida hereby levies a tax of 4.94 per thousand dollar valuation on all real and personal property within the corporate limits of said City, provided however, that 4.94 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead in the general laws of the State of Florida. Section 2: That a designated in Section 1, hereof, 4.74 per thousand dollar valuation shall be used for general City purposes in carrying on and conducting the government of said City and .17 per thousand dollar aluation-including homestead shall be used to pay interest and principal on general obligation bonds maturing during said fiscal year, such levy to be collected in cash and such cash so collected to be kept in separate accounts for the purposes designated herein. Section 3: The mi lage rate adopted hereby over by 3.13% the roll -back rate as c mputed in accordance with Florida Statutes Section 200.065 (1). Section 4: That his ordinance was proposed, considered and adopted under the pr visions of Florida Statutes Chapter 166 and Section 200.065. Section 5: This Introduced for first September, 1994. nance shall take effect October 1, 1994. reading and public hearing on the 6th day of JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, OITY CLERK Adopted after second reading and second public hearing on the 20th day of September, 19 4. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, PITY CLERK AN ORDINANCE Ai OKEECHOBEE, F1 OCTOBER 1, 199 BUDGET SETS FOl AND EXPENDITUF IMPROVEMENT F EXPENDITURES Of $403,815.; DEE EXPENDITURES 0 $14,970.; LAW $2,253. AND BALANCE OF $2,2 EXPENDITURES OF PROVIDING AN EF NOW, THEREFORE, BE I OKEECHOBEE, FLORIDA Section 1: The City after Having held a E General Fund, Public Enforcement Special annual budget the ex,. City of Okeechobee f and ending September GENERAL FUND Revenues Ad Valorem '.faxes - 4 Other Taxes (Utility Intergovernmental Re Charges for Current ; Fines, Forfeitures ai Uses of Money and Pro Other Revenues Operating Transfer-L Total Expenditures Legislative Executive Financial Services Legal Counsel City Clerk General Governmental Law Enforcement Fire Protection Public Facilities Ma. Total PUBLIC FACILITIES Revenues Fund Balance Revenues Other Revenues Total Total Expenditures Fund Balance TOTAL • • 0AWA%R .. KWTIM AN NNf' ML ONDGM FOR THE CITY OF ORIDA, FOR THE FISCAL YEAR BEGINNING 4 AND ENDING SEPTEMBER 30, 1995; WHICH LTH ..014" REVENUES OF $2,410,260. ES OF $2,410,260.; PUBLIC FACILITIES UND REVENUES OF $1,633,565., AND $1,229,750., LEAVING A FUND BALANCE OF T SERVICE REVENUES OF $255,104. AND $240,134. LEAVING A FUND BALANCE OF ENFORCEMENT SPECIAL FUND REVENUES OF EXPENDITURES OF $-0- LEAVING A FUND i3.; CDBG GRANT REVENUES OF $575,000. AND $575, 000. , LEAVING A FUND BALANCE OF $-0- FECTIVE DATE. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLLOWS: Council of the City of Okeechobee, Florida, iblic hearing oil the annual budget, including 'acilities Improvement Fund, Debt Service, Law Fund,and CDBG Grant, hereby adopts as its enditures, as fully set forth below, for the or the fiscal year beginning October 1, 1994 30, 1995. 94 Millage $ 682,000. Taxes, Franch. Fees & Occ. Lic. Fee) 664,060. ►enue 394,000. services 197,500. id Penalties 23,600. �perty 7,000. Services tenance 32,100. 410,000. $2,410,260. $ 60,050. 89,900. 97,670. 20,000. 73,280. 207,350. 059,700. 376,380. 625,930. $2,410,260. $lr307r765. 305,800. 20,000. $1,633,565. $1,229,750. S 403.815. $1,633,565. • DEBT SERVICE Revenues Fund Balance Ad Valorem Taxes - Local Option Gas Tax Other Revenues Total Total Expenditures Fund Balance TOTAL Revenues Fund Balance Other Revenues Total Total Expenditures Fund Balance TOTAL CDBG GRANT Revenues Fund Balance Grant Total Expenditures Fund Balance TOTAL Section 2: That U adopted under the pr, Statutes. Section 3: This ordi Introduced for first September, 1994. 17 Milla e $ 13,391. g 23,470. 217,243. 1,000. $ 255,104. $ 240,134. 14,970. $ 255,104. $ 2,173. 80. $ 2,253. $ -0- $ 2,253. $ 2,253. $ -0- $ 575,000. $ 575,000. S -0- $ 575,000. is ordinance was proposed, considered and ►visions of Chapter 166 and 200.065 Florida nance shall be effective October 1, 1994. reading and public Bearing on the 6th day of JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, CITY CLERK Adopted after second eading and second public hearing on the 20th day of September, 199 . JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, COY CLERK 0 0 r:: -.3 406MMM rNu ors AN ORDINANCE '�l1IIC# AN 40!Wki'4066M FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; WHICH BUDGET SETS FORTH , Z16' REVENUES OF $12,434,184. AND EXPENDITURES OF $8,080,353., LEAVING A FUND BALANCE OF $4,353,831, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RES FLORIDA AS FOLLOWS: Section 1: The City Cou public hearing on the ann Fund, Improvement and ReF Water Distribution System Fund, hereby adopts for i fully set forth below, beginning October 1, 1994 PUBLIC UTILITIES Revenues Operating Fund Debt Service Fund Improvement and Replacemet Wastewater Collection Syst Wastewater Treatment Plant Water Distribution System Total Funding Sources Expenditures Operating Fund Debt Service Fund Improvement and Replacemei Water Treatment Plant Con€ Wastewater Treatment Plant Water Distribution System Total Expenditures Fund Balance TOTAL VED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, ncil of Okeechobee, Florida, after having held a .tal budget, including Operating Fund, Debt Service lacement Fund, Wastewater Collection System Fund, Construction Fund and Wastewater Treatment Plant �s annual budget the receipts and expenditures, as [or the City of Okeechobee for the fiscal year and ending September 30, 1995. $ 2,475,146. 1,640,787. it Fund1, 031, 374. etn Fund5, 000. Fund 6,096,529. Construction Fund 1,177.348. $12,434,184. $ 2,358,050. 1,319,994. t Fund 1,021,620. t. Fund 5,000. Fund 2,200,000. Construction Fund 1,175,689. $ 8,080,353. $ 4,353,831. $12,434,184. Section 2: That this ord nance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statutes. Section 3: This ordinanc Introduced for first read 1994. ATTEST: BONNIE S. THOMAS, CMC, C Adopted after second readi September, 1994. ATTEST: shall be effective October 1, 1994. ig and public hearing on the 6th day of September, JAMES E. KIRK, MAYOR CLERK and second public hearing on the 20th day of JAMES E. KIRK, MAYOR BONNIE S. TIIOMAS, CMC, CITY CLERK i AN ORDINANCE Clt S`lTil'RE'I' AS RECOI OKEECHOBEE Cot el, AND TIINI' STR ADDITION TO OKK 1-6 AND 7-12; AND AVENUE AND 13T OKEECHOBEE; AN ORDINANCE IN TII COURT IN AND IFOI IF OR AN EIS FEC'TIVIi ORDIN'ANC;K NO. '671 USINUt VACATING AND ABANDONING THE ANY AND CUED IN I'LA'I' BOOT{ 21 13-AG B 179 PUBLIC RECORDS, IN'I'Y, FLORIDA; DESCRIBED AS '1'11NI' ALLEY IN BLOCK I:E'I' NOR'I'IIEAST 2ND STREET IN BLOCK 4, 101110E ;'CIIOB E + CITY; CLOSING SAID ALLEY BETWEEN LOTS CLOSING SAID STRE1411' BETWEEN NOWI'IIEAS'I' 12'1'11 If AVENUE; ALL LOCATED WITIIIN THE CITY O D DIRECTING THE CITY CLERK TO RECORD THE r PUBLIC RECORDS OIL THE CLERK OIL THE CIRCUIT' t OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING DATE. BE IT ORDAINED BY'1'I jI CITY COUNCIL Olt'1'1-1E CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE: The alley :u#tl street described Hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida, to -wit: 'I'lie alley in Block ,I, I RICE ADDITION TO OKEECHOBEE CITY, as recorded in Plat Book 2, Page 1 , Public Itecords, Okeechobee County, Florida, between Lots 1-6 and 7-12. The street known as Northeast 2nd Strcct its it run cast from Northeast 12th Avenue to Northeast 13th Avenue, particularly located North of Block ,I, PRICE ADDITION TO OKEECHOBEE CITY, according to Plat Book 2, Page 17, Public Records, Okeechobee County, I lorida. SECTION TWO: The City Public Records of Ok SUCTION THREE: This September., 1994 and shall t Introduced for first reading a A'I'1'ES'1': BONNIE S. TIIOMAS, CM CITY CLERIC It shall cause a certified copy of the ordinance to be recorded in the County, Florida. inance shall be set for final public hearing the 20th day of effect immediately upon its adoption. set for final Public hearing this 1601 day of Au tg ist , 1994. Passed and adopted on second reeding and final public heating this ATTEST: 13UNNIE S. 'i HOMAS, CM CITY CLERK APPROVED AS TO FORM: JAMES E. KIRK, MAYOR day of , 1994 JAMES E. KIRK, MAYOR JOHN R. 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Nr. current contract for one y r cabs tt a orta tof t obtain a over year agreseiertt..Because the curre froi4 a .te�porory Utility An rovisions for bot adequate P parties, agreement agreement does not provide Agreement. This City drafted a revised Wholesale A9 the has been forwarded to Mr. Minton. tly meets Enclosed is a draft Wholesale Agreement that sufficie The City. Our engineer, Bill Qe100,000 the needs of Beach and addressed the increase water supply requested by Beach the actual way the connections gallons/day). Bill also addressed equipmentbeloW�ngto Beach and the it are made and what se he p agreement Iit tAa t + iit 1. A l year Wholesale hinee C to work RoArtlix aid allows M :+ et al " '"-the f0matian of a 3i1 �� att 2. A foundation �eyres�ent if the Authority c to cont#»tsr as i of bes` leeal t Beach' va*tx e:u�'�oiaer. ure wholesal+ O"tal m re .1`. Ante ty • of the C tyor t The current City retail rates for water is $2.1311,0 you can is $5,703.12/Month. As y 0 gallons see, Beach to oat a and the debt service Also, the City well not require Beach p is saving money. $12,500.00 deposit. believe this agreement fairly reflects the relationship (Beach). of a I supplier (City) to a wholesale customer ent to Mr. Minton informed me that hea hasfontaaddresses i fill Beach Water for review. Until the legal m line extensions. 9 tters are connections and DRAFT WHOLESALE AGREEMENT FOR BEACH PAGE 2 resolved, or the Utility Authority is informed, the Wholesale contract protects both parties. The Council agreed at a Council Meeting to continue to supply water to Beach Water. However, the Council did not agree to sell the water at the current contract price. The fee schedule reflects the proposal make to Beach in a November 12, 1991 letter from Mayor Kirk. I asked Mr. Minton to let the City know if there are any problems with the contract before Tuesday's meeting. He indicated he will try. However, Beach Water is on the Agenda, and may try to negotiate any changes before the Council at Tuesday's meeting. • WHOLESALE AdNEEMENT This agreement is mad e and entered into this 20th day of e e ber 1994, by and between the City of Okeechobee, a political subdivision of the State of Florida (City) and the Okeechobee Beach Water Association, a Florida non-profit corporation (Owner). WITNESSETH WHEREAS, CITY owns and operates a potable water system, and WHEREAS, OWNER wishes to purchase water capacity on a wholesale basis from CITY in order to serve OWNER'S customers, and WHEREAS, CITY wishes to mutually cooperate in the sale of water capacity, subject to the terms and conditions of this agreement, and WHEREAS, said purchase Is requested by OWNER, NOW, THEREFORE, in consideration of the premises, mutual covenants, agreements and promises herein contained, the parties hereby covenant and agree as follows: Section 1. Recitals: The foregoing are true and correct. Section 2. Puroose Subject to the terms and conditions hereinafter set forth, CITY shall sell 3nd deliver to OWNER and OWNER shall purchase and receive water service. Section 3. Terms: This agreement shall continue in effect beginning October 1, 1994 and a ding September 30, 1995. Should the authority of OWNER to perform this agreement become Impe Ired or superseded by any other authority, or if OWNER fails to perform each and every obligation lereunder taken on its part to be performed, then CITY shall have the right to immediately discontir ue performance of services hereunder. Section 4. Pavment• CITY agrees to bill OWNER on a monthly basis for the water usage OWNER agrees to pay for all water consumed at the time of usage within the following prevailing rates: Volume Charge Debt Service Service Availability $1.38/1,000 Gallons $3,225/Month $3,000/Month OWNER agrees to operate with the understanding that if payment is not accordance with the provisions herein, CITY has the right to immediately cut-off service. Section 5 Rates• Any customers that have or will connect Into the OWNER'S water di be customers of the OWNER and shall pay to the OWNER the rates, fees, for water service that the OWNER establishes. i on meters. of the billing at I to CITY in terminate the i facilities shall and deposits If the OWNER requests any additional services from the City, the City ill charge the OWNER for such services according to the City's current rate schedule in ex lbit A. Section 6. Provisions for Water Capacity' OWNER requesting water service capacity shall connect or cause to b connected, the OWNER'S distribution facilities to the CITY'S facilities at the point of connect[ n to be determined by the public utilities department. Operation, maintenance and replacement of the distribution facilities, and the water flow meter from the point of connection shall be the responsi Title to the water shall pass from CITY to OWNER at the suction bowl pumps. OWNER shall furnish and install metering equipment which will be all water flowing from the CITY'S facilities to the OWNER'S distribution faciliti equipment shall remain the property of OWNER, and OWNER shall be respc operation, maintenance and replacement of the meter. CITY shall have the i approve the type of meter and meter installation. CITY shall also have the ri and the right of access thereto for billing purposes. CITY shall have the right to review and approve the type of pumps an installation of same for OWNER'S customers. Both parties mutually agreed t the OWNER'S facilities to the CITY'S facilities as provided herein, CITY will th provide, at its cost and expense, but in accordance with the other provisions adequate supply of water to the OWNERS pumps, sufficient to meet the max daily domestic demand to OWNER in a manner to conform with all applicable requirements service pumps, of the OWNER. the high service pabie of measuring The metering Ibie for the it to review and to read the meter meters and at after connection of i continuously if the agreement, an sum and average governmental It is further agreed that the average daily demand, based on a running 30 day average, shall not exceed 600,000 gallons/day and the maximum single day demand shall not exceed 950,000 gallons/day. It is further agreed that the OWNER shall not extend service to any new customers other than Infill, or as stipulated below. For purposes of this document, inflll should be defined as the installation of 5/8" x 3/4" meters on existing water lines. The extension of service to customers other than lnfill shall be subject to approval by the City. Section 7. No Representations or Warranties: The CITY does not guarantee the quality of the water supplied, nor doe CITY guarantee that the supply of water furnished through the said main to the OWNER'S Wat System shall be free from interruption. CITY shall not be responsible for damages to any p n whomsoever for any failure to supply water or for any Interruption in such service for supply an such Interruption shall not constitute a breach of this contract on the part of CITY. This Agreern t is entered into upon the part of CITY with the express condition that the CITY assumes no lea Alty or responsibility hereunder to OWNER or to any person, firm or corporation by or on account f any agreement, implied or otherwise, to meet any standard of service with respect to the supp y of water to be distributed by means of this Agreement, nor will CITY assume any liability as t ie result of the occurrence of any force majeure. Furthermore, CITY and OWNER agree to and operate with the understanding that there shall be no liability on the part of CITY: (a) to deprive other customers of desired water in order to partly or co letely serve OWNER'S system; (b) at any time to furnish more or less water than is availab . It is expressly noted that the OWNER shall be responsible for relocation, modification or reel cement of OWNER'S facilities, including pumps, piping, valves, electric, and controls as essary to accommodate any modifications or improvements the City makes to the exists facilities, (c) to install or not to install any other mains or other related equipment than the mall or related equipment already available as to the date of execution of this Agreement; () for the removal and/or disconnection of any main, pumps, piping, electric, and control equi ent, or related equipment If the provisions hereof are not performed by OWNER. Section 8. Indemnification• OWNER undertakes and agrees to indemnify CITY against loss or damage arising during the operation and duration of this Agreement, from any claim arising as to service or otherwise beyond the point of delivery of the water, to make good to CITY such damages as may be suffered by CITY by reason thereof, OWNER further agrees to pay attorney's fees, Including appeals, for any defense which may be necessary in the event of a suit against CITY pursuant to any such claim. Section 9. Disclaimer of Third Party Beneficiaries: This Agreement is solely for the benefit of the formal parties herein, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Section 10. Successors and Assigns: This Agreement shall be binding upon the successors and assignees of the respective parties hereto but shall not be assigned by OWNER without first obtaining th written approval of CITY. Section 11. Default. Notice Proper Form: Any notice required or allowed to be delivered hereunder shall be in wr to be delivered when (a) hand delivered to the official hereinafter designated, such notice when deposited in the United States mail, postage prepaid, certifi receipt requested, addressed to a party at the address set forth opposite the or at such other address as the party shall have specified by written notice to delivered in accordance herewith: CITY: City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 OWNER: President Okeechobee Beach Water Association 8840 Highway 78 West Okeechobee, Florida 34974-9787 Section 12. Recordation: The parties hereto agree that an executed copy of this Agreement and hereto shall be recorded In the Official Records of Okeechobee County at the Section 13. Severability ig and be deemed (b) upon receipt of mail, return "ty's name below, 9 other party attached i of CITY. If any part of this Agreement is found Invalid or unenforceable by any c urt, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. Section 14. Applicable Law: This Agreement and the provisions contained herein shall be construed, controlled, and Interpreted according to the laws of the State of Florida. Section 15. Entire Agreement• Effect on Prior Agreements This Instrument constitutes the entire Agreement between the parties nd supersedes all previous discussions, understandings, and agreements between the parties elating to the subject matter of this Agreement. Amendments to and waivers of the provisions her in shall be made by the parties In writing by formal amendment. IN WITNESS WHEREOF, the parties hereto have hereunder executed date and year first above written. CITY OF OKEECHOBEE OKEECHOBEE, FLORIDA By: Mayor of Okeechobee ATTEST: City Clerk Date OWNER By: Title: WITNESS Date Agreement on the APPLICATION FOR PAYMENT p ' RGAD� LAKE-P� P.O. BOX 1908 LAKE PLACID, FLA. 33862 BILL TO: NAME City of Okeechobee STREET 55 S.E. Third Avenue CITY Okeechobee, Fla. 34974-2932 PROJEMa 1994 A041d Impravoments BROLPI JOB # 9460 A. ORIGINAL CONTRACT AMOUNT B. NET CHANGE ORDERS C. CURRENT CONTRACT AMOUNT (A+B) D. VALUE OF WORK FROM PREVIOUS APPLICATION E. VALUE OF WORK COMPLETED THIS PERIOD F. TOTAL EARNED TO DATE G. LESS RETAINAGE (10%) H. BALANCE (F-G) _ I. LESS PREVIOUS BILLINGS J. CURRENT AMOUNT DUE ---------=__ STATEMENT OF ACCOUNT: K. LESS PREVIOUS PAID L. TOTAL AMOUNT DUE CONTRACTOR'S CERTIFICATION: THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PREVI RECEIVED FROM OWNER ON ACCOUNT OF WORK DONE UNDER THE C ABOVE HAVE BEEN APPLIED TO DISCHARGE IN FULL ALL OBLIGA INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUS AP UNDER THIS CONTRACT AND, (2) TITLE TO ALL MATERIALS AN INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR COV APPLICATION FOR PAYMENT WILL PASS TO OWNER AT TIME OF P, OF ALL LIENS, CLAIMS, SECURITY INTEREST AND ENCUMBRANCE, COVERED BY BOND ACCEPTABLE TO OWNER). 02:35 P] DATED ("1 (14, BETTER ROADS OF I BY: .. t APPLICATION FOR PAYMENT TVO ( 2 DATE : August 31, INVOICE # 7628 ACCOUNT # 377 189,561.26 0.00 189,561.26 15,270.40 24,742.00 40,012.40 4,001.24 36,011.16 13,743.36 22,267.80 22,267.80 'US PROGRESS PAYMENTS ,NTRACT REFERRED TO 'IONS OF CONTRACTOR LICATION FOR PAYMENT EQUIPMENT RED BY THIS YMENT FREE AND CLEAR (EXCEPT SUCH AS 07-Sep-94 CI CITY OF OKEECHOBEE TO: John Drago THRU: FROM: Wayne Jones JJfI. MEMORANDUM DATE: September 7, 1994 SUBJECT: Chemical Please place on the September 20, 1994, City Council Agenda for Piggy Backing off the City of Fort Pierce Chemical Bid Jones Chemical, Inc. Bid #4319 35,000 Gallons of Sodium Hydroxide 01.20/gal a $42,000.00 t� proval, the following: J -tn N 1-j r � N H pD N tip VI C3, J � ,P , t; w' N 1 al. t 01 l0 CITY OF OKEECHOBEE TO: Jolty Drago THRU: FROM: Wayne Jones d- MEMORANDUM DATE: September 5, 1994 SUBJECT: Bid Bids were opened on August 25,1994, for lift station removal and were received. One from Censtate Contractors and one from S Both bids were in excess of the budgeted funds of $416,000.00. Tb remove item #6 from the Contract. Item #6 was for roadway con bid $11,275.00 for this item. Mr. Charles Elders and I have disci his existing paving contractor. This would result in a estimated :atibn. Only two bids le Construction, Inc. )re, I recommend we :lion, the low bidder this and we can use of $5,300.00. I recommend we award the remainder of the contract to the low bidder Censtate Construction, in the amount of $414,438.25. Attached, is a copy of 4 letter from Knepper & Willard, Inc. that is in agreement with my recommendation alono with bid tabulations. Please place this on the City Council Agenda of September 20, Knepper& Willard, inc. Civil . Fiiv"Ofilnenlaf Enrinit'eis 02 September 1994 Mr. Wayne E. Jones, Director Department of Public Utilities City of Okeechobee 55 Southeast Third Avenue Okeechobee FL 34974 RE: Northeast Sixth Avenue Lift Station, Southeast Seventh Street Lift Station Project Bid No.: PU-07-00-07-94 KWI Project No.: 7215-9217220-9Xn27-94 Dear Mr. Jones: We have reviewed the bid schedule and proposal (pages P-1 through P-10) for the offer the following comments. Also, enclosed is a copy of our proposer reference c and Big Lake National Bank Lift srs on the referenced Project and sheet for the low bidder. Both contractors supplied the appropriate Bid Bond and Public Entity Crimes form. Both contractors acknowledged receiving two addenda. In addition, the questionnaires were completed and subcontractors and major manufacturers were listed. Both Proposals received were responsive. CenState Contractors, Inc., has performed work for the City both now (water distribution system improvements) and in the past (modifications to the existing surface water treatment plant). In addition, they have performed work (construction of modifications to a wastewater treatment plant) for Pasco County Utilities under a Knepper & Willard, Inc., design. They have demonstrated that they are capable of performing this type of work. It is our understanding that Item No. 6 of the Bid Schedule - New Roadway Construction - will be deleted from this Project and will be performed partly by City forces. In summary, we find no justification for not awarding the contract to the low bidder, any questions, please do not hesitate to call. Very truly yours, KNEPPER & WILLARD, INC. Susan S. Groover, PE SSG/ku Enclosure as noted Contractors, Inc. If you have 3030 N. Rocky Point Drive West Suite 185 Hillsborough (813) 281-0120 Tampa. Florida 33607-5905 Pinellas (813) 821-3291 FAX (813) 281-1156 A £ 6 �J J 2CL ■ A � 2 � ƒF �§ @: ■ L a o»aLff8 0 � a G # � a kA 3z 2 ■ -a 2 J t� §2 #2 §LD 2 ■ kf §2 �� J� >t} J § 2 } 73 � 2 k b i 2 = § s $a7 �® \ 2� � ■s § A7g E§ k£ ƒ� 2 2§ ■q q%22 �A§� Nl- i c 4% 8 O O 8 N 69 8 8 � N 8 to C� _T C)Cf) Vi t0 r- co ......... 8 8 ...Q....... V N ...Q....... 8 to co ............ V p g � M (co I E9 • r• n • • r- MLA or_-i O in cm ul T T 69 Td3 8 Ln un ui C7 CV c N fH T I T I T I T I T ^ I O .J I -J I -j I fn (n I fn C J m J O O _ ' m Z c o �p J 2 Z 00 co o `o > o 2 .a 3 m H p U N U s Y c 88 p m Q m Z r' CV cli er t[j R W LQL r^ a) F.6. 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J J 0 z Z Q ._...... ---- _---- _---- _--- ,... ................ ....... .... m J a - 0 m c 0 z to O i _ fA m a� ¢ m — j— ll. Q 5 t — Z J J <D W W -v c Y c� c W Z W Y Za J c - a a a - y - N rn c - rn c W C7 m — — 0 � L x cu p C m O rn C — — x Vl _ Q m 0 U L L U U U — l0 — W W ZZ O LL- C - O C N O T co Z m c O O C .0 C — Q Z cl O Q1 Y — N O •� O — - O 1� (A— U Jcot� ........_...._...._...—. _..... -....... ....._.._... .. cr O 0 ri T v T T T _� Z J a. • -v FE U C O c.i m L C � O y ct! cc O m a N E v m v ccmi 0 cq Q cc Cl) e -0 d. _O d LL c m m m N L .0 O d Y OO 70 O 7� ;n U U m a $ o -0 �U C C CU m O � U m > cc -8 -0 0 m ti (i itt w E o �5 r m U Y 00 y m _m m Q rn c� N Q co W H 0) iE >W iuZ coo O -' 0)Y Z Om J QZ cn O L Q z W W D `1 wg Q m Z Z Q F-OAri� z T F� cc O�� Z J [L n • • TO: John Drago THRU: FROM: Wayne Jones. CITY OF OKEECHOBEE MEMORANDUM DATE: September 14, 1994 SUBJECT: Sanitary Se Cleaning & T.V. hnspe Attached, is a copy of the Fort Pierce Utility Authority Bid #4131 T.V. Inspection. This contract has one year lets. I have spoken with Mr. Brown of S lie will honor the same bid for us. Please, accept this memo as a reyi October 4, 1994, City Council Agenda for board approval. Thy $12,000.00. There will be no additional billing beyond this con budgeted in Other Contractual Services. Line )r Line Cleaning and wer Viewer, hnc., and st to be placed on the cost will not exceed act. We have funds 11 FORT PIERCE UTILITIES AUTHORITY FORT PIERCE FLORIDA SANITARY SEWER LINE CLEANING AND T.V. INSPECTION SPECIFICATIONS SCOPE Work shall include furnishing materials, and performing all and T.V. Inspection of gravity EQUIPMENT all plant labor, tool , equipment, and operations in connect on with Cleaning sewer mains. All machines, tools and equipment used in the performance of the work shall be approved and shall be maintained in a satisfactory operating condition acceptable to the owner's authorized agent. BIDDERS QUALIFICATIONS The Contractor shall submit, with his bid, a report* certifying his qualifications to satisfactorily perform the work specified. Minimum requirements include: (a) The Contractor shall show complete physic 1 and financial responsibility to perform a project of this size and scope. (b) The Contractor shall have been engaged in contracting work involving sanitary sewer line cleaning, and inspection by closed circuit television for at least two () years. (c) The Contractor, upon request, shall furnish a list of sewer cleaning and repair contracts which he has ompleted within the past two years, listing name and addre s and the Owner and approximate dollar value of the work he erformed. SUPERVISION The Contractor shall keep on his work during its progi superintendent and any necessary assistants who shal work. All such persons shall be satisfactory to tt authorized agent, unless the superintendent unsatisfactory to the Contractor and ceases to be in t superintendent shall represent the Contractor in t absence and all major decisions concerning the work the Owner or his authorized agent shall be as binding the Contractor. In general, instructions by the 1 ess a competent L supervise the e owner or his troves to be is employ. The ie Contractor's riven to him by as if given to Owner or his authorized agent shall be confirmed in writing t( always upon written request by the Contractor. give sufficient supervision to the work, using attention. The Owner may demand the removal of a: the Contractor in, about, or upon the w superintendent, who is deemed incompetent or gui who neglects or refuses to comply with the direct: who neglects or refuses to comply with the diY Contractor shall at all times enforce good order employees. Should the Contractor continue to em such person on the project without the written c the Owner may withhold all payments which are of the Owner may suspend the work at the expense of such orders are complied with. MANNER OF CONDUCTING THE WORK The Contractor shall maintain traffic at all ti with the City of Fort Pierce, St. Lucie County ani of Transportation rules and regulations. No stree traffic without proper authorization from jurisdiction. The project shall be maintained at and orderly a manner as is consistent with norm; Contractor shall be responsible for the protect replacement of fences, structures, trees, plants, well as the proper cleaning up of all public a: through which the work proceeds. Barricades and warning signs shall be used in we open manholes. The Contractor shall furnish a controls and safety devices including flagmen, lights, barricades and any other safety features safety of the public and to allow uninterrupi cleaning and repair operations. INSURANCE The Contractor shall not commence work under the C obtained all insurance required, submitted cel insurance, and such has been approved by the Owne shall contain agreement to notify Owner within t change or cancellation of any insurance coverage. all subcontractors shall take out and maintain dur contract adequate Workman's Compensation Insura employees at the site of the project. The Contr times, indemnify and save harmless the Owner of for Workman's Compensation which may be made by a or subcontractors of the Contractor. The c subcontractors shall maintain throughout the e contract all insurance as specified herein and c required by law. Contractor's coverages shall al anyone directly or indirectly under his contri 2 the Contractor, and The Contractor shall his best skill and iy person employed by ork, including the _ty of misconduct or ons of misconduct or actions given. The nd conduct among his ►loy or again employ )nsent of the Owner, may become due, or the Contractor until nes, in conformance I Florida Department : shall be closed to .he agency having L11 times in as neat .1 operations. The .on, proper repair, lawns, and walks as id private property K areas and around i maintain traffic warning signs and required to ensure d inspection, and ntract until he has ificates for this The certificate (10) days of any The Contractor and ig the life of this ce for all their ctor shall, at all nd from all claims y of the employees mtractor and all tire term of the .herwise as may be )ly to himself and L; subcontractor's 9 40 coverage shall be similar. The coverage shall necessarily limited to the following: BODILY INJURY EACH PRO include, but is not TY DAMAGE PERSON OCCURRENCE General Liability. $300,000 $500OCCURRENCE AGGREGATE ,000 $100,0 0 $100,000 Auto Liability $300,000 $500,000 $100,0 0 Workman's Compensation Insurance as required by 1 W. SEWER LINE CLEANING The Contractor shall clean the lines and manho es of dirt sludge, roots and all other solid or semi -solid m terials in order to facilitate T.V. grease Inspection. Satisfactory precautions shall be taken to damage that might be inflicted b prote y th equipment. Whenever hydraulicallye impropE depend upon water pressure to provide otheird cle; tools which retard the flow of water in the se precautions shall be taken in ensure that the wat causes no damage or flooding - to public or prig served by the manhole section involved. The flc sewer lines shall be utilized to provide neces hydraulic cleaning devices whenever possible. Ad of water from fire hydrants shall be used, when delay in normal working procedures. No fire obstructed in case of a fire in the area served b, sludge, dirt, roots, sand, rocks, grease and other' material resulting from the cleaning operation shal downstream manhole of the section being cleaned. from manhole section to manhole section which stoppages, accumulations of sand be constructed manhole in such a manner that both the solids e trapped. This trapped solution shall then be pump( into a retention chamber above ground suitably mo mobility. The chamber shall be COMPLETELY ENCLOSE[ not less than two baffles to ensure complete settle before returning the liquid to the sewer line. Wh are being used, a suitable container shall be provi materials dumped from the buckets. UNDER NO C: SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ON DITCHES, CATCH BASINS OR STORM DRAINS. All soli resulting from the cleaning operations shall be rem and transported by the Contractor to a location Utilities Authority. 3 :�t sewer lines from x use of cleaning caning tools, which fining force, or any wer line are used, er pressure created t wof psewageybeing in the sary pressures for litional quantities iecessary, to avoid hydrants shall be the hydrant. All solid or semi -solid 1 be removed at the Passing material could cause line in the downstream nd water shall be d from the manhole anted for complete and -shall contain ment of the solids en bucket machines led to receive the :RCUMSTANCES SHALL STREETS OR INTO ds or semi -solids )ved from the site provided by the 0 T.V. INSPECTION The manhole sections designated shall be visuall, of closed circuit television. The inspection si one manhole section at a time. The television ca in the line and pulled through by use of cable wir The Contractor shall provide monitoring of clos, sewers in a manner which shall provide clear and the line. Size of pictures televised on the diagonally across the picture tube, shall be a mi Electricity for all operations shall be furnished The television camera used for the inspection sha: designed and constructed for this type work, and s lighting system. The picture quality on the monii to produce a minimum continuous 650 line resolut the entire inside periphery of the pipe. The ca enough to ensure passage through a six-inch diami measuring device shall be incorporated so that th the equipment within the pipeline can be noted at be readable while observing the monitor. The Conti all equipment for VHS recording of the view wh monitor. These tapes shall be compatible with a and will be given to the Authority at the completi( Location records will be furnished by the Contract show the location in relation to the centerlir manhole of: A. Each point of infiltration B. Each point of root intrusion C. Service laterals D. Crushed, broken or cracked E. Deflection in grade or alignment of pipe F. Each joint pressure tested G. Manhole condition All reports shall be typed, bound, and submitted in SEWER FLOW CONTROLS When sewer line flows are above the minimum requi not more than 1/4 of the pipe diameter) or inspects periphery of the pipe is necessary to effect: inspection operations, one or more of the followil control shall be used: 1. Plugging or blocking: A sewer line plug into the line at a manhole upstream from inspected. The plug shall be so designat portion of the sewage flows can be rele inspection portion of the operation, flow or substantially reduced, in order to pr 4 inspected by means all be performed' in nera shall be placed ahes. !d-circuit televised visible pictures of monitor, measured nimum of 14 inches. by the Contractor. 1 be one especially call contain its own or shall be such as ion picture showing nera shall be small !ter sewer line. A a exact location of all times and shall 'actor shall furnish ich appears on the JHS Recorder 1/2" - n of each tape. and will clearly of the adjacent duplicate. cements (generally on of the complete .vely conduct the ig methods of flow shall be inserted the section to be ad that all or any 3Lsed. During the can be shut off, )perly inspect the pipe at the invert. After the inspectin is complete, flows shall be restored to normal. 2. Pumping and bypassing: Where pumping is required, in the opinion of the Engineer to assure completion of the inspection, the Contractor will be required to furnish Pumping equipment, conduits, etc. LIGHT CLEANING 1• Light cleaning shall be defined half -full of sand, dirt, grease, solid or semi -solid materials. HEAVY CLEANING as any Pipe being less sludge, roots and all 1. Heavy cleaning shall be defined as any p half -full of sand, dirt, grease, sludge, solid or semi -solid materials. AMOUNT OF WORK AND NOTICE 1. The Fort Pierce Utilities Authority Contractor two (2) weeks notice prior to 2. Failure on the part of the Contractor forty-five (45) days after notice of n result in cancellation of the contract. than other ipe being more than roots and all other shall give the ?ach mobilization. to report within bilization, could 3. Each time the Contractor comes to Fort fierce, he will be guaranteed a minimum of 1 week (40 hours) of work. MEASUREMENT AND PAYMENT 1. Payment will be made for the quantity measured at the unit prices per linear foot for the various sizes listed in the Bid Form for Cleaning and T.V. Inspection 2. Mobilization/Demobilization is one occurs measured for payment by each occurrence. 5 nce; and will be BID FORM BID NUMBER EST. SIZE T.V. QUANTITY PIPE INSPECTION 1000 ft. 6" $ /ft. 15000 ft. 8" $ /ft. 1500 ft. 10" $ /ft. 3000 ft. 12" $ /ft. 2000 ft. 1511 $ /ft. 1000 ft. 18" $ /ft. 1000 ft. 24" $ /ft. 1000 ft. 30" $ /ft. 200 ft. 36" $ /ft. MOBILIZATION/DEMOBILIZATION $ BYPASS PUMPING $ Submitted by: Address: Telephone: FAX: Date: Signature: 2 LIGHT CLEANING Hour $ APRIL 21, 1993 HEAVY CLEANING $ /ft. $— /ft. $ /ft. $ /ft. $ /ft. $ /ft. $ /ft. $ /ft. $ /ft. Each Occurrence Day E FORT PIERCE FLORIDA SANITARY SEWER LINE CLEANING AND T.V. INSPECTION SPECIFICATIONS PREPARED BY: REVIEWED BY: TVCNTRCT DA DA 0 • (?. �40U�o FORT PIERCE UTILITIES AUTHORITY TO: Bud Boudreaux, P.E. Director of Customer Operations FO FROM: Tony Barnes • •..�, Purchasing Director SUBJECT: Sanitary Sewer Cleaning & T.V. Inspection Bid No. 4131 DATE: June 4, 1993 D N@ ;iOROFp)yQ� AuftRITY NVS Attached is the bid tabulation sheet for the above referenced bid. The bid file is available for review in the Purchasing Department. Please notify us of your recommendation for award of bid. Bid expiration date is August 2, 1993. Board approval must be completed by this date. Jg btmemo Attachment (Tab Sheet & Copies of Bids) RECEIVED ,,Uri & 1993 FORT PIERCE UTILITIES WATER DISTRIBUTION s - W�-2 U x, g . r �,,,, � b! • to 44 G � �; g y rt n rt �;tt rt , � N i-• 0 VI rrtt rr�, rrt r 4464 bs �0•{0� HM� MW � O hW.t V V �j f7 ri cf rt .r�'r r1 rt t~n .c~ o $ � � �s � •bs � �► n n R � rip 44 b! Er! 44 N► b? . n f D o co u� g. �+. rt n n rt G o OD L w N � S L- 4n rt rt n n o 1" I O H H � H b O O � H O � d � n 0 H 0 r] 0 BID FORM, BID NUMBER 4131 EST. SIZE T.V. QUANTITY PIPE INSPECTION 1000 ft. 6" $ O.` s /ft. 15000 ft. 8" $ 0.60 /ft. 1500 ft. 10" $ 0.6S /ft. 3000 ft. 12" $ 0.65 /ft. 2000 ft. 15" $ 0'?>'> ./ft. 1000 ft. 18" $ 6AS /ft. 1000 ft. 24" $ �'/ft. 1000 ft. 30" $ (�� /ft. 200 ft. 36" $ /ft. MOBILIZATION/DEMOBILIZATION $ BYPASS PUMPING $ $'0.00 /Hour LIGHT . CLEANING $ o.3I /ft. $ 0-so /ft. $ 0.65 /ft. $ Loos / ft . $ 2.64-- /ft. $ 4.0 /f-t. $ 1.33 /ft. $ io.SS -if t. i Submitted by: 'Address: 50.00 SE WEB.yl6w6r- 96% 0 C-7-AID • Kyee4 . F Telephone • ( 247. 334 FAX: 26q' . 2R Z Date: Z 5 Mp,Y a3 Signature: �lxv,,CW\ T)&t , HEAVY CLEANING ..$ 0.50 -/ft. $ 0.9+ /ft. $ ft. $ 2.3Z /ft. $ 3•(y /ft. $ 4-0 /ft. *$ ;'.c63 /ft. $ 1 Z•ZI /ft. $ 14.5 b_/ft. /Each Occurrence )0.00 /Day INc.• RDAp 33`�12 ~25Q � 6 • BID FORM, BID NUMBER 4131 EST. SIZE T.V. LIGHT QUANTITY PIPE INSPECTION CLEANING 1000 ft. 15000 ft. 1500 ft. 3000 ft. 2000 ft. 1000 ft. 1000 ft. 1000 ft. 200 ft. 611 8" 1011 12" 15" 18" 2411 30" 36" $ Sa /ft. $ /ft. $ S /ft. $ c' /ft. $ S a /ft. $ ,�l> /ft. $ So /ft. $ sc /f-t. $ /ft. MOBILIZATION/DEMOBILIZATION $ $ , ye- f t. $ ,057 /ft. $ . 115 /ft. $ , iS /ft. $ /ft. $ 3.75 ft. $ -if t. $ O-ift. $ f0. D-C'' / -t . HEAVY CLEANING $ /S /ft. $. if-t. $ eft. $ /ft. $ 1,,. s /ft. $ ,ft. $ S— /ft. $ C' S ft . $ 00 /ft. Each Occurrence BYPASS PUMPING $ . , �'z% /Hour $ p ao, b° Dav - Sdri' Fitt E/07080A0 '1 •010 *Y70CA Al )24I'. Submitted byI Address: �o/ Telephone: FAX: Date: Signature: 5'13 - 11/6//- �iJ/ 0 1 j�'3 • 0 U.S. PIPELINE SERV)ICE� INC. PLUMBING ; • .• - BUILDING SERVICE lP�--.. n �(. MAINTENANCE We Do It YOUA t1 av! CF CO26564 EMERGENCY SERVICES DIVISION U.S PIPELINE•' SERVICE INC. TAKES EXCEPTION PARTS Of,' THE SPECIFICATION. 1. T.V. MONITOR SPEC OF 14"DIA. THE FOLLOWING AS THE SIZE OF Till's MONITOR HAS NO E'FFI-l*(: ' ON THE FINISHED QUALITY OF 'rlIE VIDEO TAPE.WE MAY 13E USING A T.V. FERRET SYSTEM WHICH UTILIZES AN 11" INDUSTRIAL MONITOR .AND X'CR THAT EYCEEDS ALL RESOLUTION AND CLARITY SPECS . I N USE IN OUR I NDUSTRI . 2. CLEANING SPEC. THIS SECTION DOES NOT ADDRESS THE WATER SUPPLY AVAILABLE FOR JET CLEAN 1 NG.OUR Bit) ASSUMESI WATER TO BE SUPPLIED I3Y THE AUTHORITY FROM NEAREST HYDRANT. 1201 Cedar St.. Suite E. Solely Hatbai. FL 34695 (813) �41-4980 E-io Contract Number: 114.219 5DB-65-07-57-02-C37 CFDA Number: AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Okeechobee, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FJLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does agree to perform as described herein, and B. WHEREAS, the Department has determined that the Re competed for a Community Development Block Grant (hereinafter C. The Department has authority pursuant to Sections 290 to disburse the grant funds under this Agreement. NOW, THEREFORt, the Department and the Recipient do (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in and Scope of Work, Attachment A of this Agreement. (2) has successfully i to as "CDBG"), and 01 - 290.049, Fla. Stat., Ily agree as follows: nce with the Budget Both the Recipient and the Department shall be gover ed by applicable State and Federal laws, rules and regulations, including but not limited to hose identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon the date last signed and shall end twenty-four (24) months after signature, unless terminated earlier in accordance with the provisions of paragraphs (7) or (9) of this Agreement. (4) MODIFICATION OF CONTRACT. Either party may request modification of the provisions of this Agreement pursuant to Rule Chapter 913-43, Fla. Admin. Code. Changes which Eire mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) MONITORING. The Recipient shall constantly monitor its performance nder this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement and the Recipient's Activity Work Plans. (6) LIABILITY. The Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement Recipient agrees that its not an employee or agent of the Department, but is an independent contractor. (7) DEFAULT: REMEDIES: TERMINATION. (a) If any of the following events occur ("Events of DefE ult"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and, the Department may at its optic n exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving he right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Re -ipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the Recipient at any time during the term of this Agreement from the revealed in any reports filed or to be filed with the Department, and tl 2 the financial condition of Financial condition ie Recipient fails to cure said material adverse change within thirty (30) days from the time sent by the Department; 3. If any reports required by this Agreement I the Department or have been submitted with incorrect, incomplete 4. If the Recipient has failed to perform and co any of the services required under the Budget and Scope of Work "Attachment A;" date written notice is re not been submitted to r insufficient information; Mete in timely fashion ched h( -eto as 5. If the necessary funds are not available to f nd this agreement as a result of action by the Legislature, the Office of the Ccmptroller or t e Office of Management and Budgeting. (b) Upon the happening of an Event of Default, then t e Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph 8) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any payment; 4. Exercise any corrective or remedial actions, limited to, requesting additional information from the Recipient to de the extent of nor compliance or lack of performance, issuing a writti more serious measures may be taken if the situation is not correctel suspend, discontinue or refrain from incurring costs for any activities the Recipient to reimburse the Department for the amount of costs i determined to be ineligible; available under law. 5. Exercise any other rights or remedies which 3 of a request for o include but not be ermine the reasons for or n warning to advise that , advising the Recipient to in question or requiring curved for any items may be otherwise i (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or of er material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final Department action under Chapter 120, Fla. Sta ., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non- compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties (g) Notwithstanding the above, the Recipient shall not b relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agree ent shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below and said notification attached to the original of this Agreement. (b) The Department contract manager for this Agreement is: 11 Community Program Administrator Bureau of Community Development (c) The Representative of the Recipient responsible forte administration of this Agreement is: 4 d In the event that different representatives are designatedla b either a after () pY party execution of this Agreement, notice of the name, title and address of t e new representative will be rendered as provided in (8)(a) above. (9) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth nd accuracy of all the information, representations, and materials submitted or provided byzhe Recipient, or any Participating Party in this Agreement, in the Application, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shal , at the option of the Department and with thirty (30) days written notice to the Recipient ar d the Participating Party, cause the termination of this Agreement and the release of the Depa ment from all its obligations to the Recipient or any Participating Party. (b) This Agreement shall be construed under the laws o the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the'Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient or any Participating Party shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient or any Participating Party. Any rower of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (10) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedu documents, in accordance with generally accepted accounting princi receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable tii review, or audit by state personnel and other personnel duly authorizf "Reasonable" shall be construed according to circumstances, but ordi business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through 5 �s and support es, to account for the nes for inspection, -d by the Department. narily shall mean normal Friday. • • (c) The Recipient shall also provide the Department w th the records, reports or financial statements upon request for the purposes of auditing and onitoring the funds awarded under this Agreement. (d) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. ., and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken; 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue y sponsoring Department and Agreement number; 3. The complete financial audit report, in (10)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Community Program Administrator Bureau of Community Development 2740 Centerview Drive Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds, were not spent in accordance with the conditions of this Agreement, held liable for reimbursement to the Department of all funds not spe these applicable regulations and Agreement provisions within thirty Department has notified the Recipient of such non-compliance. (0 The Recipient shall retain all financial records, statistical records, and any other documents pertinent to this Conti years after the date of submission of the final expenditures report. audit has been initialed prior to the expiration of the three-year pe retained until the litigation or audit findir is have been resolved. (g) The Recipient shall have all audits completed by public accountant (IPA) who shall either be a certified public accou licensed under Chapter 473, Fla, Stat. The IPA shall state that the applicable provisions noted above. 0 all items specified in )r any portion thereof, the Recipient shall be it in accordance with ;30) d ;ys after the :)rting documents, t for a period of three owever, if litigation or an 1, the records shall be independent certified nt or a public accountant dit complied with the (h) The audit is due seven months after the end of the fiscal year of Recipient. (11) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that th subcontractor is bound by the terms and conditions of this Agreement with the Department. (b) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement to the extent allowed and required by law. See Attachment E for any additional terms & conditions pertaining to subcontracts. (12) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (13) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (14) STANDARD CONDITIONS. The Recipient agrees to be bound by the following (a) The State of Florida's performance and obligation Agreement is contingent upon an annual appropriation by the Legi modification in accordance with Chapter 216, Fla. Sta . (b) If otherwise allowed under this Agreement, extensic contractual services shall be in writing for a period not to exceed six ( subject to the same terms and conditions set forth in the initial Agreei one extension of the Agreement unless the failure to meet the criteria Agreement for completion of the Agreement is due to events beyond Recipient. 7 rd conditions: pay under this ure, and subject to any n of an Agreement for 3) months and shall be vent. There shall be only set forth in the :he control of the (c) All bills for fees or other compensation for services submitted in detail sufficient for a proper pre -audit and post -audit thi (d) If otherwise allowed under this Agreement, all bills shall be submitted in accordance with s. 112.061, Fla. Sta . (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Rec access to all documents, papers, letters or other material surject to 119, Fla. Stat., and made or received by the Contractor/ Recipient ii Agreement. (f) The provider agrees to comply with the Americans Act, P.L. 101-336, 42 U.S.C. 12101 et seq., if applicable, which prol public and private entities on the basis of disability in employment, r transportation, State and local government services, and in telecom (15) STATE LOBBYING PROHIBITION. No funds or other resources received from the De this Agreement may be used directly or indirectly to influence legis action by the Florida Legislature or any state Department. or expenses shall be for any travel expenses ,lent to allow public le provisions of Chapter conjunction with the Nith Disabilities iibits discrimination by ublic accomodations, nunications. nt in connection with in or any other official Refer to Attachment G for additional terms and provisions relating to lobbying. (16) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement hat it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally exe ute and bind Recipient to the terms of this Agreement. (17) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment I. (18) VENDOR PAYMENTS. Pursuant to Chapter 215.422, Florida Statutes, the C payments to vendors within 40 days after receipt of an acceptable 8 rtment shall issue )ice and receipt, inspection, and acceptance of goods and/or services provide) in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 4 days shall result in the Department paying interest at the rate of one percent per month calculated on a daily basis on the unpaid balance. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state Department may receive assistance by contacting the Vendor Ombud man at (904) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (19) SPECIAL CONDITIONS. (a) The Recipient shall comply with the special condition set forth in Attachment K, attached hereto and incorporated by this reference. (b) Failure of the Recipient to comply with the special co ditions listed in Attachment K or the program statutes and regulations in Attachment B of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this .agreement IN WITNESS WHEREOF, the parties hereto have executed by their undersigned officials as duly authorized. RECIPIENT: BY: Name and Title: Date: Federal Employer I.D. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS L'� Name and Title: Thomas A. Pierce, Chief, Bureau of Community Date ►j this contract to be 4opment 0 0 0 0 �-3 H H H 0 0 x w ti 7o n � H C z 0 z d w cn n cn y � � t7 r� r7 N ko J O Ul Ul J J Cn J O cn 0 0 0 o z cn w � z� tu a H H z � �y E H n z z bC1 d y [rJ H n H H 7O o n H G) O �U H H to z r tI G) ,p CD C:n o W 0 0 u CG)w o O z m 0 O O H H O O H n La c H ro r H z � ►-, ko z J z O rn 0 O M H O O O �o G7 w t-� W H Cb tri z rri G�' H H H 0 Cl) zy tD r Ln J 'T1 O 'A C H xr] J 'Zt u Ul H b n0 on O 0 D W n OD � -n loo zKM °Z0 p-4 = >0 m m m O T O M x 10 • Attachment B (a) This Agreement and the CDBG Program are governed bthe following statutes and regulations: 1. Community Development Block Grant, Final Rule, 24 C.F.R. Past 570; 2. Florida Small and Minority Business Act, s. 288.702-288.714, F.$.; 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.; 4. Local Government Comprehensive Planning and Land Develo Chapter 163, F.S.; 5. Title I of the Housing and Community Development Act of 1974, 6. Treasury Circular 1075 regarding drawdown of CDBG funds and 570.511; 7. Sections 290.0401-290.049, Fla. Stat.; 8. Rule Chapter 9B-43, Fla. Admin. Code; 9. Department of Community Affairs Technical Memorandums; ent Regulation Act, amended; 24 C.F.R. Section 10. HUD Circular Memorandums applicable to the Small Cities CD$G Program; and 11. Single Audit Act of 1984. (b) Additional .)rogram provisions governing this Agreement (1) The Recipient agrees that future changes in applicable laws, rules, and regulations governing the Federal and local CDBG program are applicable to this Agreement on their effective dates, or in the case of Fla. Admin. Code, Rule Chapter 9B-43, upon dissemination by the Department of a Technical Memorandum so advising recipients. Failure of the Recipient to acknowledge receipt shall not invalidate this provision. (2) The Department shall rEview the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as described in the approved App"cation and this Agreement in accordance and compliance with the requirements of s. 290.041-290.049, Fla. Stat., as amended, Fla. Ac min. Code, Rule Chapter 11 • 913-43, as it may be amended from time to time, and other applicable and regulations. Training and technical assistance shall be provided within limits of staff time and budget, upo i written request by the Rec determination by the Department of Recipient need. (3) The Recipient shall allow the Department to carry and technical assistance and shall assure the cooperation of its e subcontractors during such activities. (4) If the Recipient has not resolved any monitoring fin( prescribed time frame or has not submitted a monitoring report respo reduction will be assessed for each unresolved monitoring finding pui Code, Rule 9B-43.006(7)(b). This score reduction penalty shall conti against all eligible CDBG applications submitted by the Recipient, bo- th. lecipient has successfully competed for CDBG funding in any ca to and federal laws the Department, ,nt and/or upon a monitoring, evaluation, ees, subrecipients and ings within the se, a 15-point score ,uant to Fla. Admin. ue to be assessed i individual or joint, until )gory. (5) If the Recipient fails to meet the contracted -for num er of jobs without an amendment in the most recently closed -out Economic Development Grant, a 15-point point score reduction will be assessed pursuant to Fla. Admin, Code, Rule B-43.006(7)(b). This score reduction penalty shall continue to be assessed against all eligi le CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for CDBG funding in any category. (6) If at any time after the effective date of this Agreem nt, the Department determines that an activity to be funded is not eligible pursuant to Fla. Admin. Code, Rile Chapter 913-43, as it may be amended from time to time, 24 C.F.R. Part 570 or any subsequent federal regulation which supersedes it, the Department may unilaterally amend this Agreement to delete the ineligible activity and de -obligate any un ncumbered funds attributable to the ineligible activity. Any funds expended on an activity subsequently deemed ineligible shall be repaid to the Department within 30 days of receipt of a request from the department for said repayment; provided, however, that any activities which become ineligible solely as a result of a change in state or federal regulations, shall not result in funds expended prior to the change in regulations having to be repaid to the Departm nt. (7) In the event that the Department suspends funding ursuant to the provisions of this Agreement, said suspension shall take effect as of ffie receipt of the notice of said suspension by the Recipient. Any requests for pay lent for whic i the Department ha not yet disbursed payment shall be subject to said suspension. (8) Should the Recipient fail to enforce the provisions of mortgage, security agreement, or other obligation specified in any Pai Agreement or in any written contract with a beneficiary, contractor, ag received payment or benefit from funds disbursed under this Agreeme 12 any promissory note, ticipating Party :nt, or subrecipient who nt, the Department may, with thirty days (30) written notice to the Recipient, automatically sub stitute itself for the Recipient in said Participating Party Agreement or written contract for the purpose of enforcing said Participating Party Agreement or written contract and may, at it discretion, continue to administer said Participating Party Agreement or written contract. (9) The Application as it existed after the completeness perioa' is made a part of this contract by reference. (10) If the Recipient has not submitted an audit r!: port Circular A-128 within the time frame specified in paragraph 10(h) of score reduction will be assessed against any subsequent application to timely submit a required audit report pursuant to Fla. Admin. Cod( This score reduction penalty shall continue to be assessed against applications submitted by the Recipient, both individual or joint, until successfully competed for CDBG funding in any category. If the Re, action to resolve an audit finding within the prescribed time, a 15-po assessed against any subsequent application received for each out, This score reduction penalty shall continue to be assessed against applications submitted by the Recipient, both individual or joint, until successfully competed for CDBG funding in any category. n accordance with OMB ,iis Agreement, a 15-point received for each failure Rule 9B-43.006(7)(a). I eligible CDBG he Recipient has ipient has not taken it score reduction will be anding audit finding. I eligible CDBG he Recipient has (11) The Recipient, its employees, and agents, shall aintain records and s,ipporting documents as prescribed in 24 C.F.R. Section 570.490(b , "Unit of general local government records"; 24 C.F.R. Section 570.490(c), "Accsss to reco ds"; Fla. Admin. Code, Rule 9B-43.014(10); and 24 C.F.R. Part 85. These records shall be aintained at a readily accessible site within the jurisdiction and under the jurisdiction's control. (12) If the Recipient has not submitted a closeout pa( Admin. Code, Rule 9B-43.006(7)(c), as such rule may be amended point score reduction will be assessed against any subsequent app score reduction penalty shall continue to be assessed against all el submitted by the Recipient, both individual or joint, until the Recipie competed for CDBG funding in any category. (13) Program Income is defined in 24 C.F.R. Section 24 C.F.R. Section 570.489(e)(2)(ii)(C), program income retained by substantially disbursed before requesting additional funds from the (14) The Recipient must report any program income other CDBG grant on the semi-annual program income report. (15) The Recipient may only retain program income 1 continuing the same activity from which the program incc .tee was d 13 age as provided in Fla. -om time to time, a 15- ;ation received. This ible CDBG applications t has successfully '0.489(e). Pursuant to Recipient must be apartment. hand from this or any the purpose of ied. Any program • income retained must be expended prior to the submission of an administrative closeout package. The same activity is defined as, "additional units of the same eligible activity with the same direct beneficiaries to be undertaken and completed prior to submission of an administrative closeout package." In the housing category, the Recipient may complete additional eligible housing rehabilitation prior to submission of an admi istrative closeout package if an amendment approving such hour ing rehabilitation is app oved in writing by the Department. (16) All Recipient or Subrecipient contracts for which C1 funding source, shall contain language to provide for termination with paid by the Recipient for eligible contract work completed prior to the i suspension of funding was received by the Recipient. Any cost incurs suspension or termination is received by the Recipient may not be fun unless previously approved in writing by the Department consistent wi 7�ubrecipient contracts shall contain provisions for termination for caus shall provide for the method of payment in such event. (17) All amendments requiring prior Department approva writing by the Department prior to the Recipient's submission of a close closeout package received prior to the written approval of said amendr ab initio, and is not considered a closeout package for the purposes of penalty issues related to closeout. (18) Submission of inaccurate information by the Recipie responses; audit or audit finding responses; quarterly, closeout, progra reports; or Requests for Funds that result in subsequent official Departs that inaccurate information (such as the granting of administrative or fir releasing funds, or clearing fii,dings) may, at the option of the Departm Recipient to one or more of the following remedies: IG is in any part a asonable costs to be ite the notice of I after a notice of �d with CDBG funds 24 C.F.R. Part 85. All or convenience and must be approved in )ut package. Any ant is considered void eligibility or potential in monitoring report income, or other ant action based on closeout status, t, subject the (a) Revocation of the official Department action(s) predicated on that report or submission, e.g., revocation of closeout status, audit clearanc , monitoring report clearance, etc. (b) Such other actions as provided in Fla. Adm 43, based on the revocation of any official action taken by the Depa predicated on the incorrect information. (c) In the case of an administrative closeout status nullification of the eligibility of the Recipient to apply for and receive ad in accordance with Section 290.046(2)(c)(i), Fla. Stat.. Such revocatio closeout status would also affect subsequent Department actions made 14 g, Rule Chapter 96- which was , it would result in the litional CDBG funding i of administrative on that basis, and could include the cancellation of any subsequent grant awards and e'paymen, by the Recipient of any grant funds previously expended under the nullified rant contract. (19) Funds expended for otherwise eligible activities f this Agreement, except for those provided for in paragraph 3(A) of A Conditions, or prior to the effective date of the enabling amendment agrees to their eligibility, fundability, or addition to this Agreement, a reimbursement with CDBG funds. (20) An administrative closeout package shall contain Fla. Admin. Code, Rule 9B-43.014(7)(b) and be dated and executed official or the previously established designee of that chief elected of package be incomplete, illegible, or unsigned, it will be considered v considered a closeout package for purposes of eligibility or potential closeout. (21) Pursuant to Fla. Admin. Code, Rule 9B-43.014(6), within the fundable range for the application cycle in which this Agree approved is 608.26. Any amendment which would reduce the score I shall not be approved by the Department. 15 r to the effective date of chment L - Special ierein the Department ineligible for funding or ie submission detailed in ly the chief elected cial. Should the closeout d ab initio and is not enalty issues related to the minimum score ment is originally )elow the fundable range is 0 Attachment C RECORDKEEPING (a) If applicable, recipient's performance under this A( to 24 C.F.R. Part 85, "Administrative Requirements for Grants and ( State, Local, and Federally Recognized Indian Tribal Governments" 110, "Grants and Agreements with Institutions of High Education, Hi Nonprofit Organizations, and either OMB Circular No. A-87, "Cost f Local Governments," OME3 Circular No. A-21, "Cost Principles for Ei OMB Circular No. A-122, "Cost Principles for Nonprofit Organizatior made with a commercial (for -profit) organization on a cost -reimburse shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) All original records pertinent to this Agreement sh Recipient for three years following the date of termination of this A( of the final close-out report, whichever is later, with the following ex 1. If any litigation, claim or audit is started befc three year period and extends beyond the three year period, the re( until all litigation, claims oraudit findings involving the records have reement shall be subject ooperative Agreements to or OMB Circular No. A- ,spitals, and Other rinciples for State and ucational Institutions," or If this Agreement is ment basis, the Recipient be retained by the Bment or of submission ations: the expiration of the rds will be maintained een resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. All records relating to real property acquisiti n shall be retained for three years following final closeout or until the period for retention o relevant displacement records has expired, whichever is appropriate. 4. Records relating to displaced persons or bu inesses shall be retained for three years following final closeout or resolution of all claims an litigation, which ever comes last. (c) All records, including supporting documentation Of all program costs, shall be sufficient to determine compliance with the requirements and objec Ives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including -all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal 16 • business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday shall include, but not be limited to, auditors retained by the Depa 1% Friday. "Agents" Attachment D REPORTS (a' At a minimum, the Recipient shall provide the Dep rtment with a close-out re,jort on forms provided by the Department and such other reports s are deemed necessary from time to time by the Department. (b) The close-out report is due no later than forty-five ( 5) days after termination of this Agreement or upon completion of the activities contained in th s Agreement. (c) If all required reports and copies are not sent to the completed in a manner acceptable to the Department, the Departure payments until they are completed or may take such other action as The Department may terminate the Agreement with a Recipient if rel within thirty (30) days after written notice by the Department. "Accel means that the work product was completed in accordance with gen and is consistent with the Budget and Scope of Work. (d) Upon reasonable notice, the Recipient shall prov updates or information as may be required by the Department. 18 Department or are not it may withhold further ,et forth in paragraph (7). arts are not received able to the Department" rally accepted principles such additional program 0 • 0 Attachment E SUBCONTRACTS (a) If the Recipient subcontracts, a copy of the executed subcontract must be forwarded to the Department within ten (10) days after execution. (b) The Recipient may delegate to any other unit or department of the local government the responsibility to undertake or carry out specific grant activities. (c) The Recipient may, by written agreement, designat autonomous public agencies, including existing agencies and other I undertake or carry out grant activities for the city or county. All autor designated shall be considered subrecipients as defined in 24 C.F.R agreements shall be executed in accordance with 24 C.F.R. Section undertaking or carrying out community development activities shall d Fla. Admin. Code, Rule 913-43.014, as it may be amended from time state and federal laws, rules and regulations. (d) Delegations, designations and contractual arranges under this section shall in no way relieve the Recipient of its respons CDBG Small Cities Program is administered in accordance with all s' requirements. 19 one or more cal governments, to )mous public bodies so Part 570. Such written ,70.503. Subrecipients so in conformance with time, and all applicable nents as authorized bilities to ensu,,-e that the and federal Attachment F FUND IN !CONSIDERATION Reimbursement Contracts (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $575,000.00, subject to the availability of funds. (b) Any advance payment under this Agreement is s Florida Statutes. The amount which may be advanced may not ex needs of the Recipient within the first three (3) months, based upo disbursed throughout the contract term. For a federally funded coi payment is also subject to 24 C.F.R. Part 85, 24 C.F.R. Part 570, f 110, A-122 and the Cash Management Improvement Act of 1990. which is a local government, all interest which may be earned on received hereunder must be promptly, but at least quarterly, remitt forwarding to the federal Department that provided the funds. Hom is not required to deposit such advances in an interest -bearing acc required herein. (c) All funds shall be requested on forms provided purpose which accompany this Agreement. 20 )ject to s. 216.181(14), ?ed the expected cash the funds being equally ract, any advance feral OMB Circulars, A- lith respect to a Recipient advances of federal funds i to the Department for ver, the local government unt, unless otherwise the Department for that Attachment G LOBBYING PROHIBITION The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be f undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of tt Member of Congress, an officer or employee of Congress, or an emf Congress in connection with the awarding of any Federal contract, th grant, the making of any Federal loan, the entering into of any coope exter pion, continuation, renewal, amendment, or modification of any loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have E any person for influencing or attempting to influence an officer or ern Member of Congress, an officer or employee of Congress, or an eml Congress in connection with this Federal contract, grant, loan, or co( undersigned shall complete and submit Standard Form-LLL. "Disclo Lobbying," in accordance with its instructions. aid, by or on behalf of the either directly or indirect;/ e Florida Legislature, a oyee of a Member of making of any Federal ative agreement, and the =ederal contract, grant, an paid or will be paid to oyee of any agency, a )yee of a Member of erative agreement, the ire Form to Report (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon whicl when this transaction was made or entered into. Submission of this c prerequisite for making or entering into this transaction imposed by sl Code. Any persors who fails to file the required certification shall be of not less than $10,000 and not more than $100,000 for each such f RECIPIENT Signature Type Name and Title 21 reliance was placed �rtification is a ,tion 1352, title 31, U.S. ubject to a civil penalty ilure. Not applicable to this Agreement Attachment H 22 Attachment I STATEMENT OF ASSURANCES The Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official ct a resolution, motion or similar action authorizing the filing of the application, incluc ing all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive officer to act in connection with the application and to provide such additional information as may be required. (c) No member of or delegate to the Congress of the United Stat s, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locali or localities who exercises any functipns or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to tie performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (d) It has complied with all the requirements of the State of Flori�a Intergovernmental Coordination and Review (IC & R) process, and that either: (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. (e) It has facilitated or will facilitate citizen participation by: (1) Providing citizens with an opportunity to participate in the determination of priorities in community development and housinn need ; (2) Providing adequate notices for one or more public headings; and 23 (3) Holding one or more hearings on the proposed appliction before adoption of a resolution or similar action by the local governing bod authorizing the signing of the application. (f) Its chief executive officer or other officer of Recipient approved by the State: (1) Consents to assume the status of a responsible Fede al official under the National Environmental Policy Act of 1969 (NEPA) an J other provisions of Federal law, as specified in 24 C.F.R. Part 58, which furthers the purposes of NEPA, insofar as the provisions of such Federal law apply to the Community Development Block Grant Program; and (2) Is authorized and consents on behalf of the Recipient and himself to accept the jurisdiction of the Federal courts for the purpose of en rcement of his responsibilities as such an official. (g) The Community Development program has been developed so as to give maximum feasible priority to activities which will benefit low and mode atz income families, or aid in the prevention or elimination of slums or blight. (The requirembnt for this certification will not preclude the State from approving an application where the Recipient certifies, and t'ie Statedetermines, that all or part of the community development program activities are designed to meet other community development needs having a particular urge icy as specifically explained in the application.) (h) It will comply with the regulations, policies, guidelines and requirements of 24 C.F.R. Part 85, OMB Circulars Number A-87, A-110, and A-122 as they relate to the application, acceptance, and use of Federal funds under this document. (i) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended, 24 C.F.R. Section 570.605, and State regulations regarding the administration and enforcement of labor standards; (2) The provisions of the Davis -Bacon Act (40 U.S.C. 276 a-5) with respect to prevailing wage rates (except for projects for the rehabilitation of residential properties of fewer than eight units) and HUD Handb ok 1344, as revised; (3) Contract Work Hours and Safety Standards Act of 1 requiring that mechanics and laborers (including wa employed on federally assisted contracts be paid w; 24 2, 40 U.S.C. 327 et seq., imen and guards) .s of not less than one and one-half times their basic wage rates for all hours work d in excess of forty hours in a work week; and (4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et Seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (j) It will comply with all requirements imposed by the State concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with 24 C.F.R. Part 85. (k) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), an pursuant thereto (24 C.F.R. Part 1), which provides tha States shall on the grounds of race, color, or national of participation in, be denied the benefits of, or be otherwi discrimination under any program or activity for which ti Federal financial assistance and will immediately take to effectuate this assurance. If any real property or strL or improved with the aid of Federal financial assistance Recipient, this assurance shall obligate the Recipient, c transfer of such property, any transferee, for the period property or structure is used for a purpose for which the assistance is extended, or for another purpose involvinc services or benefits; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284 administering all programs and activities relating to hog development in a manner to affirmatively further fair ho to affirmatively further fair housing in the sale or rental of housing, and the provision of brokerage services; the regulations issued no person in the United gin, be excluded from e subjected to Recipient receives iy measures necessary :ture thereon is provided .xtended to the in the case of any luring which the real Federal financial the provision of similar as amended, ing and community sing; and will take action ' housing, the financing (3) E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further thegoals of Title VIII of the Civil Rights Act of 1968; (4) Section 109 of the Housing and Community Developme amended, and the regulations issued pursuant thereto ( 570.601), which provides that no person in the United S grounds of race, color, national origin, or sex, be exclud 25 t Act of 1974, as 4 C.F.R. Section ites shall, on the d from participation in, CA be denied the benefits of, or be subjected to discrimin tion under, any program or activity funded in whole or in part with funds provided under the Act; (5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; (6) Executive Order 11063 on equal opportunity in housin and nondiscrimination in the sale or rental of housing built with Federal assistan e; and (7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto (24 C.F.R. Pail 130 and 41 C.F.R. Part 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and election for training and apprenticeship. (I) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible oppo unities for training and employment be given to lower -income persons residing within the unit of local government in which the project is -located; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing within the unit of local government. (m) It will: (1) Comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as required under 24 C.F.R. Section 570.496(a)(b) and Federal implementing regulations at 24 C.F.R. Part 24; the requirements in 24 C.F.R. Section 570.496(a)(c) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification that the Recipient is following such a plan); the relocation requirements of 24 C.F.R. Section 570.496( )(d) governing optional relocation assistance under section 105(a)(11) of the Act; and HUD Handbook 1378, as revised. (2) Inform affected persons of their rights and of the acquit procedures set forth in the regulations at 49 C.F.R. Pai Section 570.602. 26 ition policies and 24 and 24 C.F.R. (n) It will: (1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 49 C.F.R. Part 24 and 24 C. .R. Section 570.606; (2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all.persons displaced as a result of acquisition of real property for an activity assisted under the Community Development Block Grant program. Such payments and assistance shall be provided in a fair and consistent and equitable rhanner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and (4) Inform affected persons of the relocation assistance, poli ies and procedures set F forth in the regulations at 49 C.F.R. Part 24 and 24 C.. Section 570.489(h). (o) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to s. 112.313 and s.112.3135, Fla.. Stat. and 24 .F.R. Section 570.611. (p) It will comply with the Anti -kickback (Copeland) Act of 1934, 18 U.S.C. s. 874 and 40 U.S.C. s. 276a, which outlaws avid prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (q) It will comply with the provisions of the Hatch Act, which limits t�e political activity of employees. (r) It will give the State, HUD and the Comptroller General, throug any authorized representatives, access to and the right to examine all records. (s) It will insure that the facilities under its ownership, lease or sups utilized in the accomplishment of the program are not listed on Protection Agency's (EPA) list of Violating Facilities and that it i the receipt of any communication from the Director of the EPA 27 rvision which shall be he Environmental ,ill notify the State of Mce of Federal Activities indicating that a facility to be used in the project is unurier consideration for listing by the EPA. (t) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 s. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (u) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "Uniform Federal Accessibility Standards," (U AS) which is Appendix A to 41 C.F.R. Section 101-19.6 for general type buildings and Appendix A to 24 C.F.R. Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. ' (v) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Older 11593, 24 C.F.R. Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the Stag to avoid or mitigate adverse effects upon such properties. (w) It will comply with: (1) (2) The National Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and 24 C.F.R. Part 58; Executive Order 11988, Floodplain Management; 28 (3) Executive Order 11990, Protection of Wetlands; (4) The Endangered Species Act of 1973, as amended (10 U.S.C. s. 1531 et seq.); (5) The Fish and Wildlife Coordination Act of 1958, as a et seq.); (6) The Wild and Scenic Rivers Act of 1968, as amended, i seq.); (7) The Safe Drinking Water Act of 1974, as amended, (42 (8) Section 401(f) of the Lead -Based Paint Poisoning P (42 U.S.C. s. 4831(b) et seq.); nded, (16 U.S.C. s. 661 16 U.S.C. s. 1271 et U.S.C. s. 300f et seq.); ition Act, as amended (9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.); (10) The Federal Water Pollution Control Act of 1972, as ar 1251 et seq.); (11) The Clean Water Act of 1977 (Public Law 95-217); (12) The Solid Waste Disposal Act, as amended by the Re; Recovery Act of 1975 (42 U.S.C. s. 6901 et seq.); (13) Noise Abatement and Control: Departmental Policy Irr Responsibilities, and Standards, 24 C.F.R. Part 51, Su (14) Flood Disaster Protection Act of 1973, P.L. 93-234; , (33 U.S.C. s. urce Conservation and nentation rt B; 15) Protection of Historic and Cultural Properties under HU[� Programs, 24 C.F.R. Part 59; (16) Coastal Zone Management Act of 1972, P.L. 92-583; (17) Executive Order 11593, "Protection and Enhancement Environment'; (18) Architectural and Construction Standards; (19) Architectural Barriers Act of 1968, 42 U.S.C. 4151; (20) Executive Order 11296, relating to evaluation of flood 29 if the Cultural rds; (21) Executive Order 11288, relating to the prevention, conrol and abatement of water pollution; (22) Cost -Effective Energy Conservation Standards, 24 C.F.R. Part 39; (23) Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882. (24) Executive Order 11593 - Protection and Enhancement Cultural Environment; (25) Reservoir Salvage Act; (26) Farmland Protection Policy Act of 1981; and (27) Coastal Barrier Resources Act of 1982; (x) It will comply with all parts of Title I of the Housing and Cor 974, as amended, which have not been cited previously as applicable laws. unity Development Act of ?II as with other (y) It will abide by the provisions of s. 116.111, Fla. Stat., pertaining to nepotism in its performance under this agreement. (z) The Recipient will include the provisions outlined in s. 287.05 and 287.058, Fla. Stat., when negotiating contracts for services. (aa) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of Public Law 101- 140 of the 1990 HUD Appropriations Act. (bb) It will comply with Section 319 of Public Law 101-121, as provided in the "Governmentwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federal Register, which prohibits recipients of federal contracts or grants from using appropriated funds for lobbying in connection with a grant or contract, and requires that each person who requests or receives a federal contract or grant, and their subrecipients, disclose lobbying undertaken with non-federal funds (See Attachment D). 30 0 (cc) It will expend a minimum of seventy (70) percent of the aggregate of CDBG funds for activities that meet the provisions of 24 C.F.R. Section 570.208(a) for benefiting low and moderate income persons. (dd) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24 C.F.R. Part 12. (ee) Department Technical Memorandums relating to the CDBG P�ogram. (ff) HUD Circular Letters appropriate to the Small Cities CDBG P 31 ram U Attachment J (a) The Recipient shall comply with procurement standards pr Section 85.36; Fla. Admin. Code Rule 9B-43.014(1), as it may be am and relevant state and local laws applicable to the procurement of su construction, and services. (b) The Recipient shall comply with uniform standards governi property prescribed in 24 C.F.R. Part 85 and in 24 C.F.R. Part 570. 32 scribed in 24 C.F.R. nded from time to time; plies, equipment, the utilization of vkeec nuue� wwiLy ATTACHMENT K SPECIAL CONDITIONS 1) This Agreement shall be executed by the Recipient and returned to the Department at its offices at 2740 Centerview Drive, Tallahassee, Florida, within thirty (30) ays after receipt, in accordance with Fla. Admin.- dmin ode Rule 9B-43.014(2). After receipt by th Department of the signed Agreement and those submissions required in paragraph two (2) of his Attachment K, the Department will execute this Agreement and return an original to the Recipient. 2) The Recipient must satisfy the following provisions prior to the execut on of this Agreement by the Department, but in any case, no later than thirty (30) days from the ate of execution of this Agreement by the Recipient: A) Develop, subject to the approval of the Department, detailed Work Plans for each activity to be funded as described in the Application. The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, including but not limited to schematic design, bidding and negotiations, and three intermediate dates for completion of portions of the activities (i.e., 33%, 66%, and 100% completion). Pursuant to OMB Circular A-87, Attachment B, Paragraph 32, funds expended by the Recipient, a subrecipient, or other participating party prior to the effective date of this Agreement are ineligible for reimbursement, except those expenses to comply with the requirements of 24 C.F.R. Part 5 : B) Submit to the Department the completed Civil Rights Profile Form to facilitate the Department's civil rights review; _ C) Establish a separate non -interest bearing checking account ("the CDBG for the purpose of this grant. This non -interest bearing checking account sh CDBG expenditures unless an escrow account is established pursuant to 24 570.511 for payments to contractors for rehabilitation of single-family dwel dwellings containing no more that four housing units. Funds will be dispat( Department directly to the CDBG operating account. Three copies with ori, the attached Signature Authorization Form shall be returned to the Departm who is a signatory on the CDBG operating account must be bonded; and D) Establish, if desired by the Recipient, a separate interest bearing check CDBG escrow account") for the purpose of payment of the housing rehabi expenditures during the term of this Agreement. This interest bearing che( used only for CDBG expenditures pursuant to 24 C.F.R. Section 570.5111 contractors for rehabilitation of single-family dwellings or multi -family dv more that four housing units. Funds will be dispatched by the Department operating account. Three copies with original signatures of the attached Si Form shall be returned to the Department for the CDBG escrow account. l 33 ierating account") be used for all F.R. Section gs or multi -family !d by the ial signatures of :. Each individual account ("the Ltion activity ng account shall be payments to [in, s containing no -ectly to the CDBG ature Authorization I individual who is • � a signatory on the CDBG escrow account must be bonded. All interest escrow account shall be forwarded to the Department on no less than a q submission to the U.S. Department of Housing and Urban Development. 3) Prior to the obligation or disbursement of any funds, except for adm to exceed Five Thousand Dollars ($5,000), but in any case, no later than the effective date of this Agreement, the Recipient shall undertake the fc A) Comply with procedures set forth in 24 C.F.R. Part 58, Environmental for Title I Community Development Block Grant Programs and 40 C.F.R. National Environmental Policy Act Regulations. When this condition has satisfaction of the Department, the Department will issue a Notice of Rem( Conditions; B) Should the Recipient be undertaking any activity subject to the Unifor. Assistance and Real Property Acquisition Policies Act of 1970 (URA), as Recipient shall document completion of the notice requirements provided 1378, Change 1. A non -exhaustive list of activities that would trigger this stage of the contract would be proposed temporary relocation of tenants, proposed demolition of housing units, or displacement; and C) Document the state, federtil, or local public programs linked to the grant points on Form CDBG-H-4. The Recipient shall document how these progi concert with CDBG funding to result in housing improvements and related' moderate income persons. The linkage can be -documented by inter -agency or partnership agreements, written cross referral procedures, cost sharing of written notice of joint training, counseling, or coordination of programs. Ai number or function of linked programs shall be accomplished by contract ar. 4) No expense to be paid with CDBG funds pursuant to this Agreement n to the effective date of the Agreement, except as provided for in paragraph Attachment K. Funds expended for otherwise additional eligible activities date of this Agreement or prior to the effective date of the enabling amendh Department agrees to their eligibility or addition to the Agreement are inet reimbursement. 5) The Recipient, by executing this Agreement, does thereby certify that program income generated as a result of this grant. However, should prog inadvertently generated, it will be returned to the Department within three receipt of said program income. Program income is defined in accordance Section 570.489(e) without r_gard to any excluded amounts. Should the p; generated from the payment of a loan made by the Recipient to an eligible purpose of housing rehabilitation, the Recipient may only undertake additii 34 ing on the CDBG :rly basis for ;irauve expenses not iety (90) days from wing: review Procedures ection 1500-1508, !en fulfilled to the ,al of Environmental Relocation fended, the HUD Handbook quirement at this uisition of property, and claimed for ims will work in enefits to low and >r other cooperative (provements, or reduction in the be incurred prior ►) of this )r to the effective t wherein the le for funding or re will be no i income be rking days of th 24 C.F.R. ram income be ieficiary for the J eligible housing rehabilitation prior to closeout with the proceeds of such repayment, or return the program income to the Department. 6) The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973. This documentation must address such things as elevation requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a floodplain that is rehabilitated to any extent with CDBG funds shall be insured under the National Flood Insurance Program until at least submission of the administrative closeout package. 7) The Recipient shall expend and document the expenditure of the amount of funds that is adequate to justify the points claimed on Form CDBG-H-3 in the Application and reflected on Attachment A to this Agreement. These funds shall be expended for administration costs prior to administrative closeout and shall be expended concurrently with expending CDBG funds for the same activity. The expenditure of local funds shall be documented as if they were CDBG funds. The documentation of the expenditures shall be reviewed by the Department prior to the approval of administrative closeout. The amount of local contributions may not be modified, amended, deleted, or waived during the term of the Agreement. 8) The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary oLthterior'sStandards for Rehabilitation and Quidelin eha ' itat' Historic Buildin 9) A deed restriction shall be recorded on any_ real property or facility acquired with CDBG funds as a part of this Agreement as amended that shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the r ame of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R Section 570.4890). 10) The Recipient shall conduct all public heerings relating to this Agreement and performance thereunder in a location that is accessible to physically handicapped persons Dr make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11) The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require thatsuch updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for ejection of such administrative closeout and assessment of penalti �s which would have othe ise occurred. 35 • 12) The Recipient must prepare and adopt procedures for providing housing rehabilitation assistance to low and moderate income beneficiaries. A copy of the procedures must be provided to the Department prior to the initiation of construction on any housing unit. The procedures shall include at a minimum contain, but not be limited to, the following: A) Specify the terms and conditions under which the rehabilitation assistance will be provided; B) Provide that all housing units to be rehabilitated will be occupied at thtime the assistance is provided; C) Provide that after rehabilitation under this Agreement has been completed, all housing units addressed with CDBG funds will be in compliance with the local housing crode and meet the Section 8 Housing Quality Standards as promulgated by the U.S. Department of Housing and Urban Development; D) Provide that no housing unit owner, lessor, lessee, tenant, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said uildinv- E) Establish a maximum of CDBG funds that will be expended on the housing unit; ' F) Specifically state whether or not the Recipient will assist in the rehabili� with CDBG funds. If the Recipient desires to assist in the rehabilitation of the conditions under which rental units will be rehabilitated with CDBG fu that the Recipient will employ to ensure that the rents remain affordable to income families. The Recipient must ensure that the rents remain affordab] least five years. "Affordable rents" is defined as Section 8 Fair Market Ren annually in the Federal Register; G) Specifically state whether or not the Recipient will assist in the rehabili hom,. s, modular homes, or other forms of manufactured housing units with Recipient desires to assist in the rehabilitation of such units, describe the cc such units will be rehabilitated with CDBG funds; H) Establish a ratio of the cost of housing rehabilitation to the projected rehabilitated housing unit, ie.• such that the ratio upon completion of the least one to one; I) Establish the notification process to be used when a previously approved deleted from the list of proposed housing rehabilitations; 36 ilitation of any Lion of rental units :ntal units, describe Is and the methods w and moderate for a period of at as published ion of mobile )BG funds. If the itions under which value of the tation will be at housing unit is .1) Establish what types of insurance that the housing unit owner will be regOired to obtain and maintain after completion of the rehabilitation, and for what period such insurance must be maintained; K) Information shall be fully disclosed on an updated Form ffUD 2880 relating to the ownership of any rental housing unit to be rehabilitated at any funding level with CDBG funds, prior to the execution of the contract for such rehabilitation; L) Prohibit the use of lead -based paint in residential structures rehabilitated oar constructed with CDBG assistance. 13) For properties constructed prior to 1978, any homeowner, resident, or tenant remaining in, being relocated .:om, or locating to any housing unit that is to be rehabilitated or that has been rehabilitated, in whole or in part, with CDBG funds provide under the terms of this Agreement, shall be advised: A) The property may contain lead -based paint; B) The hazards of lead -based paint; C) The symptoms and treatment of lead poisoning; D) The precautions to be taken to avoid lead -based paint poisoning (includin maintenance and removal techniques for eliminating such hazards); E) The need for and availability of blood lead level screening for children under seven years of age; and F) Appropriate abatement procedures may be undertaken if lead -based paint i found on the property. 14) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or c '.sposition of real property; CDBG financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). 37 J Attachment L WORK PLANS The Work Plans prepared pursuant to the Special Conditions are designated as Attachment L to the Agreement. 9-*1 GENERAL ADMINIS`.CRATION CONTRACT This General Administration Contract entere into as of this day of 1994, by and betwe n Fred Fox Enterprises, Incorporated, hereinafter referred to as the Administrator(s), and the City of Okeechobee, hereinafter referred to as the Local Government. WITNESSETH THIS RECITAL: WHEREAS, the Local Government has been awarded a Community Development Block Grant, hereinafter referred to as the "Project", and the Local Government being desirous of implementing such a Project; and, WHEREAS, the Administrator(s) is/are now available, willing, and qualified to perform professional services in connection with the Project,_ to -wit; To serve the Local Government to which thislcontract applies, and to give consultation, advice, and direction for such Project, and WHEREAS, the Local Government is desirous that the Administrator(s) perform such services regarding the Project does now engage Administrator(s) to perform such services noted above on the DCA CDBG Commercial Revitalization Program to Administrator(s) agree to perform such servi To provide technical assistance in various areas, and To serve the local government as its profes representative and coordinator in various phases Project to which this General Administration Cont applies, and To develop and draft a Relocation Policy for Project, if required, and To disseminate information to the general pu regarding the Project, and To provide adequate administrative plans reg acquisition of the properties involved, and s to -wit; rogram ional of the ract the blic arding the PAGE 1 GENERAL ADMINISTRATION CON_ TRACT ISIONTIMIKD To coordinate, monitor, and evaluate the Project, and To establish and maintain bookkeeping and financial management aspects of the Project. NOW THEREFORE, the parties hereto agree as follows: ARTICLE 1 A. GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRAT12BJSI The Administrator(s) shall provide the following services for the general administration aspects Of this project; I. Coordinate m 't 2. 3. 4. 5. 6. , oni or, and evaluate the direct costs of the overall program, including, but rot limited to the multiple activities outlined in the subsections of the bontract below. Develop, plan, implement, and assess the citizen's participation to all community organizations, including, but not limited to providing program information, technical assistance to citizens, publishing applicable notices, and condu ting applicable hearings. Extension of all programs involving citizen's participation to all community organizations, including, but not limited to providing program information, technical assistance to co unity groups, and dissemination of materials. 7 Establish and maintain general and relat d files. Establish procedures relating to the procurement and implementation of services all pursuant to Department of mousing and Urban Development (HUD) and Department of Community Affairs (DCA) requirements and regulations. Review and determine if professional sery ces contracts are consistent with all OMB Circular A-102 ordinances. PAGE 2 I� GENERAL ADMINISTRATION CON'1____RAC_p �NTINUED 1 7. Provide technical assistance to the Local Government in procuring professional service contracts. B. Establish and maintain adequate bookkeeping systems. 9. Monitor the various subsections of the Project in regard to all HUD and DCA regulations and prepare all necessary and all requested responses to inquiries from Local, State, and Federal. governmental units. 10. Evaluate the various subsections of the Project according to HUD and DCA regulations are prepare all final reports to the Departments. 11. Establish adequate advertising regarding all aspects of the Project to ensure active citizen participation, including, but not limitel to the environmental aspects of the project. 12. This contract is to complete the work as outlined and is not renewable. B. PUBLIC FACILITIES/COMMERCIAL PROPERTY REN VATIONS SCOPE OF SERVICES OF THE ADMINISTRATOR The Administrator(s) shall provide the following services for the public facilities unit of this p oject: I. Coordinate, monitor, and evaluate the direct costs of such facilities within the target area. 2. Establish and maintain adequate bookkeeping systems for this subsection of the project. 3. Evaluate this subsection according to HUE and DCA regulations and prepare all final report to the Department. 4. Establish and maintain construction contract files. 5. Establish procedures relating to the pr implementation of contractural services to HUD and DCA requirements and regulatio 6. Review and determine if professional sery contracts are consistent with OMB Circula Attachment O. rement and 1 pursuant s. Ce A-102 PAGE 3 GENERAL ADMINI5`rmtiON CONTRACT CONTIN ED 7. Provide technical assistance to the Local Government in procuring professional service contracts. 8. Establish and maintain labor standard compliance files for the Local Government. 9. Obtain wage decision for the Department of Labor (DOL) and/or the Department of Housing nd Urban Development (HUD) and/or Department of Community Affairs (DCA) and submit same to the Local Government. 10. Schedule and coordinate pre -construction conferences. 11. Review the contractor's weekly payrolls for compliance with Davis/Bacon requirements 12. Establish and maintain the Local Governor nt's equal opportunity files for the Project. 13. Establish architect/engineer community development terms and conditions for incorporation in the bid package. 14. Obtain for the Local Government DOL/HUD/DCA clearances of contractor. 15. Prepare Notice of Award to DOL, HUD, or ECA as required. 16. Prepare and send notice on behalf of the Local Government to DOL and HUD or DCA that the construction has commenced. 17. Be present at all HUD and DCA monitorings and prepare the Local Government's response to HUD and DCA monitoring letters. 18. Complete and maintain files pertaining to the public facilities subsection of the project for ise by the Local Government and interested citizens. 19. Represent the Local Government before any State or Federal boards or meetings regarding the Public facilities subsection of the Project. PAGE 4 GENERAL ADMINISTRATION CONTRACT CONTIN ED ARTICLE 2 A. GENERAL ADMINISTRATION LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to the subsection GENERAL ADMINISTRATION shall be: 1. To instruct the personnel of the Local Government to cooperate and assist the Administrator(s) in the execution of the necessary financial data and procedures in order to comply with all HLJD and/or DCA requirements. 2. To provide assistance in implementation of contractural services necessary to the Project per the requirements of any and all HUD or D A requirements. 3. Establish and maintain rapport with individual citizens and community groups regarding the Project. 4. Assist the Administrator(s) in negotiations necessary for all subsections of the Pro ect. 5. Review and implement all contracts necessary to insure efficient progress of the Project.. B. PUBLIC FACILITIES/COMMERCIAL PROPERTY RENOVATION LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to the subsection PUBLIC FACILITIES shall be: 1. To assist the Administrator(s) in placing at its disposal all available information pertinent to the sites of -the Project including previous reports and any other data relative to design and construction of the Project. 2. To furnish the Administrator(s) with available reports regarding property, boundary, rig t-of way, topographic surveys, laboratory tests, core borings, probings and sub -surface explorations, by rographic surveys, and inspection of sample and mat rials with the Administrator(s) may rely on in perfo ming its PAGE 5 GENERAL ADMINISTRATION CON__ TRAC'p CONTINUEDI services. 3. Assist the Administrator(s) in obtaininlll ' right -of entry and release of liability of property owners. 4. Designate a member of the Local Government who will act as a contact person with the Administrator(s) as to facilitate and transmit instructions receive information, and generally assist as ma be necessary and submit each person's name to the Administrator(s) within ten (10) days of the signing of the contract. 5. Give prompt notice to the Administrator(s) whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project. 6. Inform the Administrator(s) of all meetiigs involving personal service contracts with architects and/or engineers regarding this Project. ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Project shall begin upon the signing of this contract and shall be completed upon final completion of Florida Community Development Block Grant Small Cities Program Projects as approved by the Florida Department of Community Affairs. ARTICLE 4 COMPENSATION The Local Government agrees to pay the Administrator(s) and their associates in the following manner: Compensation for the Administrator(s) shall be the total sum of Forty Thousand Two hundred Fifty dollars ($40,250.00). Payments will be made in 24 monthly installments 23 equal monthly installments of One Thousand Six hundred Seventy Seven Dollars and 08/100 ($1,677.08) and the final payment of One Thousand Six Hundred Seventy Seven Dollars and 16/100 ($1,677.16). If the grant contract obligations aria met and the grant closes out prior to the twenty-four month PAGE 6 GENERAL ADMINISTRATION CONTRACT ending date the administrator can be paid the su remaining in the contract upon submission of the close out Any travel requested by the Local Governmen in writing as being reimbursable shall be paid a State rates. All requests for payment shall be submitted Administrator(s) in detail sufficient for a pro and post -audit review. ARTICLE 5 CITIZENS PARTICIPATION It is understood between the parties that be Opecified current Government and the Administrator(s) shall encourage the ;pre -audit the local continuous participation in the Project by the ci izens of the area. It is further understood that both the Local Government and the Administrator(s) shall be resp nsible for adequate advertising of the Project. It is under tood that funds for such advertising shall be paid from grant funds. The Administrator(s) shall be responsible for scheduling and coordinating meetings of the Local Government Advisory Task Force (C.A.T.F.). It shall be the responsibility of the Local Government to furnish for such meetings. ARTICLE G LOCAL GOVERNMENT CONTACT PERSON The contact person who will represent the 1 Government in all matters pertaining to the Projec John Drago, City Administrator or his designee. ARTICLE 7 EXCLUSIVE REPRESENTATION Citizens a location 11 shall be It is understood between the parties that a representative of the Local Government and a representative of Fred Enterprises, Incorporated, will represent this Project before any and all DCA or BUD meetings. PAGE 7 GENERAL ADMINISTRATION CONTRACT CONTI UED ARTICLE 8 CONFLICT OF INTEREST The Local Government having being so advised by the Administrator(s) does hereby recognize that the Administrator(s) have provided similar area services in the past to Local Governments and to area governmental bodies and may be so engaged in a similar Project at this time or in the future and the parties agree that these Projects by the Administrator(s) do not constitute a conflict of interest with the Project. ARTICLE 9 SOCIAL SECURITY The Grantee is not liable for Social Security contributions pursuant to Section 481, 42 U.S. Code, relative to the compensation of the Administrator(s) durin the period of this contract. ARTICLE 10 CONTRACT AMENDMENT The terms and conditions of this contract may be changed at any time by mutual agreement of the parties hereto. All such changes shall be incorporated as written amendments to this contract. ARTICLE 11 TERMINATION Termination (cause and/or Convenience) (a) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other to fulfill its obligations under this contract through no fault of the terminating party, provide that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days written n tice (delivered by and (2) an opportunity for consultation with the terminating party prior to termination. (b) This contract may be terminated in whole or irk part in writing by the local government for its convenience, provided PAGE 8 GENERAL, ADMINISTRATION CONTRACT CONTINUED that the other party is afforded the same noticelll'and consultation opportunity specified in 1(a) above. (c) If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall a allowed for anticipated profit on unpreformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work perf rmed for which profit has not already -been included in an 'livoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or other wise make avai able to the local government all data, drawings, reports specifications, summaries and other such informati n, as may have been accumulated by the contractor in perform ng this contract, whether completed or in process. (e) Upon termination, the local government may tal Ce over the work and award another party a contract to complete the work described in this contract. (f) If, after termination for failure of the contractor to fulfill contractural obligations, it is determined that the PAGE 9 GENERAL ADMINISTRATION CON_ TRACT contractor had not failed to fulfill contractural obligations, the termination shall be deemed to have been for the convenience of the local government. In sucl event, adjustment of the contract price shall be made a provided in paragraph (c) above. AR'1_ 'ICLE 12 REMEDIES Unless otherwise provided in this contract, all claims, counter claims, disputes and other matters in que stion between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. ARTICLE 13 ACCESS TO RECORDS The local government, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE 14 RETENTION OF RECORDS The contractor shall retain all records relating to this contract for three years after the local government makes final payment and all other pending matters are cl sed. ARTICLE 15 ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 .S.C. 1857 (h), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and U.S. Environmental Prote tion PAGE 10 GENERAL ADMIN ISTRATION CONTRACT 1CONTII�UED) Agency regulations 9 (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over $10 ,000. ARTICLE 16 ENERGY EFFICIENCY The contractor shall comply with mandatory tandards and Polices relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). ARTICLE 17 E UAL OPPORTUNITY The Administrator(s) warrant that there shall be no discrimination against employees, applicants for employment, those to whom services are rendered, and applicants for such services under this contract because of race, col r, age, sex, religion, national origin, place of birth, a cestry, handicap, or familial status. During the performance of the function described herein, the Administrator(s) agree to the following conditions pertaining to the recognition and protection of tile civil rights of employees, applicants for employment, those to whom services are rendered, and applicants for such se vices: 1. The Administrator(s) will comply with the provisions of Title VI of the Civil Rights Act of 164, P.L. 88-352, as amended, and rules and regula ions published pursuant thereto, all of which are made a part hereof as if fully incorporated herein; 2. The Administrators) will comply with the provisions of Presidential Executive Order Number 11 46 of September 24, 1965, as amended, Title 3, Code of Federal Regulations, Chapter 4, which is made a part hereof as if fully incorporated herein, the provisions of Section 204 of which executive order must be set forth verbatim, to wit: During the performance of this contract, the PAGE 11 GENERAL ADMINISTRATION CONTRACT CONTIIUED1 Administrator(s) agree as follows: I. The Administrator(s) will not discriminate against any employee or applicant for employment because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. Such action shall include, but not limited to the following: employment, upgrading, demotion, transfer, recruitment, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Administrator(s) agree to post in conspicuous place, available to employees and applicants for employment, notice to be provided by the contracting officer setting for the provisions of the non-discrimination clause. 2. The Administrator(s) will, in all solici ation or advertisement for employees placed by or on behalf of the Administrator(s), state that all qualified applicants will receive consideration for employment without regard to race, c lor, age, sex, religion, national origin, platIe of birth, ancestry, handicap, or familial status. 3. The Administrator(s) will send to each labor union or representative or workers with which !e has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the contrac or's commitments under Section 204 of Executiv Order. Number 11246 of September 24, 1965, and shall post copies of the notice in conspicuous place available to employees and applicants for employmen . 4. The Administrator(s) will comply with all provisions of Executive Order Number 1124 of PAGE 12 • GENERAL ADMINISTRATION CONTRACT 19QNTIAUED September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary o Labor. 5• The Administrator(s) will furnish all 'nformation and reports required by Executive Order Number 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Administrator(s) no -compliance with the non-discrimination clauses of his contract or with such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order Number 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Number 11246, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Administrators) will include the provisions of paragraphs one (1) through seven (7) in every subcontract or purchase order unless exem ted by rules, regulations, or orders of the seer tary of Labor issued to Section 204 of Executive Order Number 11246 of September 24, 1965, so that such provisions will be binding upon subcontractors or vendors. The Administrator(s) will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means ojf PAGE 13 B. GENERAL ADMINISTRATION CON_ T_ CONTI UEDI enforcing such provisions including sanctions for non-compliance; provided however, thatlin the event the Administrator(s) become involved it, or is threatened with, litigation with a sub ontractor or vendor as a result of such direction b the contracting agency, the Administrator(s) may request the United States to enter into such litigation to protect the interest of the United States. The Administrator(s) shall not discriminate in solicitations or advertisements for employees placed by and on behalf of the contractor or a ainst any employee or applicant for employment be ause of race, color, age, sex,, religion, national origin, place of birth, ancestry, handicap, or familial status. ARTICLE 18 ADMINISTRATOR'S NOTICE REGARDING ENGINEER OR ARCHITECT It is understood between the Local Government and the Administrator(s) that the Administrator(s) will not be responsible for any Federal, State, or Local requirements that must be completed and supervised by the engineer and/or architect. ARTICLE 19 HUD DCA AUDITS If HUD or DCA finds that any sums received by the Administrator(s) are unreasonable, then those sums shall be refunded by the Administrator(s) to grantee as req ired by 24 C.F.R., Section 570.200. Administrator(s) agree to reimburse to the Local Government any funds expended for transactions approved by the Administrator(a) which are disallo ed by the Florida Community Development Agency (F.C.D.A.), d e to the malfeasance, misfeasance, or nonfeasance. All records will be made available to the Local Government auditorsattheir request as per -audit and post -audit requirements. PAGE 14 ORDINANCE NO. 676 0 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 2079 FIRST AD ITION TO CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 19 PA E 14 PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA.- RESE VING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTINC THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBE AND PROVIDING FOR AN EFFECTIVE DATE. COUNTY, FLORIDA; BE IT ORDAINED BY THE CITY COUNCIL OR THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE: The following alleys or alleyways are hereby clo ed, vacated and abandoned by the City of Okeechobee, towit: A 15 foot wide alley In Block 207, FIRST ADDITION TO CITY OF OKEECHOBEE, as recorded In Plat Book 1, Page 11, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lu is 1-3 and 9-11; and A 15 foot wide alley in Block 207, FIRST ADDITION TO CITY O - OKEECHOBEE, as recorded in Plat Book 1, Page 11, Public Records, Okeechobee Cou Ity, Florida, more particularly described as that alley running North to South between Lots 3 and 4 to Lots 8 and 9. SECTION TWO: The City of Okeechobee, Florida, hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utilities pwposes in and over the alley or alleyway in said Block 207, FIRST ADDITION TO CITY between Lots 1-3 and 9-11. SEC LION THREE: The City clerk shall cause a certified copy of in the Public Records of Okeechobee County, Florida. SECTION FOUR: This ordinance shall be set for final public hear October , 1994 and shall take effect immediately upon its adoption. Introduced for first reading and set for final public hearing this 201 ATTEST: BONNIE S. THO AAS, CMC CITY CLERK Passed and adopted on second reading and final public hearing this 1994. ATTEST: BONNIE S. THOMAS, CMC CITY CLERK APPROVED AS TO FORM: J F OKEECHOBEE, ordinance to be recorded the 18th day of day of September , 1994. 'AMES E. KIRK, MAYOR day of E. KIRK, MAYOR JOHN R. 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